Murder or suicide? Surfside candidate charged in uncle’s death wants case tossed

A former Surfside commission candidate accused of gunning down her terminally ill uncle for an inheritance has maintained that her uncle’s death was a suicide — and wants the charges against her dismissed.

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During an hours-long hearing on Monday, Shannon Gallagher, 56, argued that Broward Circuit Court Judge Ernest Kollra should dismiss the charges against her because police mishandled key evidence that could have cleared her. Gallagher, who is a licensed attorney in California, is representing herself.

Gallagher ran for a seat on the Surfside town commission, but lost the election, which was held days before her uncle’s death.

“The person he trusted most … stands before you accused of these heinous crimes,” Gallagher said during the hearing. “… We have digital evidence that proves that other digital evidence was destroyed.”

Gallagher is accused in the March 21, 2022, killing of her uncle, Thomas Arthur Burke, a 74-year-old who was dying of cancer while in hospice care at his Fort Lauderdale home. Burke signed a new last will and testament on March 18, a few days before his death.

In his will, Burke left everything to Gallagher, court records indicate. The will also barred his daughter, two sons, grandson and ex-wife from inheriting anything. In a court filing, Gallagher said Burke had left about $15,000.

Gallagher, who said she cared for her uncle while he was in hospice care, has maintained that her uncle killed himself as she slept in the next room. She is charged with first-degree murder and assisting self-murder, which in Florida is treated like a manslaughter offense.

Whether prosecutors are alleging that Gallagher pulled the trigger — or assisted Burke — is unclear, although they raised both theories when they charged Gallagher. Her trial is set for November 6.

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During the hearing, Gallagher called to the witness stand a former-detective-turned-consultant and digital forensic expert, both of whom testified about the police’s handling of the crime scene, most notably the home security footage. Burke’s home had several interior security cameras, including in Burke’s bedroom, where he died.

Police, however, never preserved those recordings, Gallagher said. Instead, at the scene, detectives looked at snippets of surveillance videos stored on Burke’s phone. According to court records, detectives said they did not preserve the videos because the video clips on Burke’s phone were several days old.

Investigators also did not seek to preserve the footage directly from the security-camera company, leading to the videos being destroyed after 30 days, according to Gallagher’s court filing.

In her motion to dismiss, Gallagher said the Broward Medical Examiner’s Office determined that Burke lacked the strength to fire his Colt 1911 pistol. But Gallagher alleges that video clips from the security cameras show Burke walking around — and opening heavy doors in his apartment. Burke was also captured on video at his desk, where Gallagher says a suicide note was found.

According to court records, a Fort Lauderdale police detective testified that there is physical evidence that supports Burke shooting himself: The gun was found next to him, connected to his hand by a rope.

Gallagher has been out of jail since April 2023, when she posted a $500,000 bond. Kollra ordered Gallagher, who is on house arrest, to surrender her passport and avoid contacting Burke’s relatives.

Prosecutors and Gallagher have until July 27 to submit written arguments. It’s unclear when Kollra will rule.

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