Five years and five sentencings later, shooting death case of Bergen man, 23, concludes

In the over five years since Fairview resident David Duque-Soto was found lifeless in his Fourth Street apartment, four people have been sentenced for their roles in his death.

The fifth, Lexie Burke , was finally sentenced on Wednesday, bringing a traumatic ordeal in court for the victim's family to an end. Bergen County Superior Court Judge James Sattely sentenced Burke to 14 years in prison for aggravated manslaughter, 10 years for armed robbery and five years for possession of a weapon without a permit, all to run concurrently.

Burke, who has been in prison since 2019, is required to serve 85% of his sentence before he is eligible for parole.

Duque-Soto was a 23-year-old who was fatally shot in his apartment in June 2019 during an armed robbery gone wrong. Bullet casings from 9mm and .32-caliber guns were found near his body and he had signs of acute blunt force trauma.

Burke, who masterminded the robbery, pleaded guilty to aggravated manslaughter halfway through his trial in April 2022. He agreed to testify against his four other co-defendants, eventually testifying against getaway driver David Martinez. The three other defendants pleaded guilty.

Assistant Prosecutor Suzanne Cevasco credited and praised Burke for his testimony, noting he did an "excellent job" in testifying in difficult circumstances and that he was "patient and incredibly detailed" when giving his testimony. She said the prosecution took into account his testimony and his willingness to testify in more than one trial in their recommendation of 14 years rather than 30 years.

Cevasco said they believed Burke's testimony at Martinez's trial led to the guilty pleas from the three other co-defendants.

Burke's attorney, Ronald Hunt, requested Sattely sentence his client to 10 years in prison, noting Burke had no previous run-ins with the court system and a "solid family" who have stood by him throughout the last five years.

"He can't change the past," Hunt said. "All he can do is make a positive impact with his life. For himself and his family. He owes it to himself, his family and the state."

During the sentencing, Burke's mother and grandfather also asked Sattely to show mercy and sentence him to 10 years in prison rather than 14.

Janine Burke said her son would live with his choices but was "working to become a better version of himself." She told her son that he was loved and supported by his family.

"We believe in the ability to grow and learn from the situations and begin to make productive changes," Janine Burke said. "And we know he can and will move his life forward."

Burke spoke on his own behalf, apologizing to Duque-Soto's family and telling the court he continues to have "vivid nightmares" about what happened that June day and that he was in a bad place at the time, saying he and his significant other were worried about a place to sleep and if they would eat that day.

He said he takes full responsibility for what happened and his decision to plan the robbery was made by "stupidity, lack of prudence and being desperate."

He said while there is state restitution and that no amount of money can bring Duque Soto back, he would like to contribute financially to Duque-Soto's child's future.

Burke told the court that he works to mentor other young people in jail and hopes he can inspire others to be better people. During his decision, Sattely acknowledged that Burke had taken advantage of the opportunities provided to him in jail.

Duque-Soto's mother gave her fifth and final victim impact statement, crying as she told the court her son was a good person who may have been involved in some bad things but wouldn't steal from anyone. She called all five defendants "rats" multiple times. She said, were it up to her, she would make sure none of the men involved in her son's death would see the light of day again.

Burke's co-defendants Raul Torres and Carlos Burgos, who the state said shot Duque-Soto just minutes after entering his Fourth Street apartment in Fairview, pleaded guilty in March 2023 to aggravated manslaughter and were sentenced in May 2023 to 30 years in prison.

Getaway driver David Martinez was sentenced on May 1, 2023, to 30 years after being found guilty of felony murder in March 2023, along with armed robbery, conspiracy to commit armed robbery, unlawful possession of a weapon and possession of a weapon for an unlawful purpose.

Dylan Rodriguez pleaded guilty in late February and was sentenced in April to 13 years in prison for aggravated manslaughter and another five years for perjury,

This article originally appeared on NorthJersey.com: Five years and five sentencings later, shooting death case of Bergen man, 23, concludes