A teenager convicted of manslaughter for fatally shooting two other teens last year at a home in Springfield, Virginia, faces up to 20 years in prison — but a judge could opt for a shorter sentence.
A Fairfax County jury recommended on Tuesday that Zachary Burkard receive the maximum possible penalty for the deaths of 17-year-old Ersheen Elaiaiser and 16-year-old Calvin Van Pelt, with a 10-year sentence for killing each boy.
A judge will formally sentence Burkard in December and will be able to agree with the jury’s recommendation or reduce the sentence, and decide whether Burkard’s two 10-year sentences should be served one after the other or at the same time.
Fairfax County Commonwealth’s Attorney Steve Descano will ask the judge to impose the full 20 years.
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Burkard’s lawyer said he will make a motion in December to set aside the verdict. Defense attorneys had asked jurors to impose a five-year term.
Burkard, who was 18 at the time of the crime, was found guilty of manslaughter but not guilty of murder on Monday for Elaiaiser’s and Van Pelt’s deaths. Elaiaiser’s mother and another relative collapsed in apparent shock.
As the sentencing recommendation was reached in court Tuesday, Burkard and his mother showed no emotion. Several of the victims’ relatives began to cry, though a few seem pleased that the jury recommended the maximum sentence.
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“This is not justice,” Elaiaiser’s father said outside the courthouse.
Descano said that while he shared the families’ disappointment that Burkard was not convicted of murder, he believes that the jury’s recommended sentence sends a strong message.
“What it shows me is that they believed that there was a self-defense claim but not that it comported with law, but also that killing two young people with a fully automatic ghost gun is serious and deserves serious punishment,” he said.
The commonwealth’s attorney said the teens’ tragic deaths underscore two big problems fueling violence among teens: social media disputes and access to untraceable ghost guns.
“Anytime you have a gun like this that can be modified, that violence is going to lead to more death,” Descano said. “The only reason to have these types of guns is to commit crimes.”
Burkard told the jury he opened fire on the two South County High School students on April 25, 2021 because four teens had just beat up his friend and he was afraid they were all armed. He said he fired in self-defense.
Elaiaiser was shot twice in the chest and Van Pelt was shot once in the back at a home in the 8000 block of Winding Way Court, prosecutors said.
Burkard showed little emotion when he took the stand, but said “No!" when asked if he had meant to kill Elaiaiser. He said he was in an ongoing dispute with Elaiaiser and was at a friend’s house when he heard the 17-year-old was headed to the house with three others.
“I was scared. They said they would kill us. I was not prepared for this at all," Burkard told the court.
Burkard admitted he had been dealing drugs and had taunted Elaiaiser in a video, which was shown to the jury.
