Shooter who killed man outside Lexington City Center claims self-defense at trial
A shooter in a deadly January 2021 incident outside the Lexington City Center is claiming self-defense as his trial takes place this week.
The trial for Jacouri Burns, 26, accused of shooting and killing Lexington man Lonnie Oxendine, 22, began on Tuesday at the Fayette Circuit Courthouse, just 100 yards from where the fatal incident is said to have occurred.
Burns appeared in court Tuesday as his attorney and prosecutors each made opening statements. He’s charged with murder and second-degree assault after he allegedly shot and killed Oxendine outside of the Lexington City Center and Marriott Hotel on Jan. 31, 2021. He’s also accused of shooting at someone else at the scene.
Oxendine, an aspiring rapper, was said to have been at the city center recording a music video when Burns came by and shot him, according to court testimony. Oxendine was found with gunshot wounds and later died at University of Kentucky Chandler Hospital from his injuries.
Burns’ attorney, Joseph Eggert, told the jury that if Burns hadn’t opened fire, he himself would have been the victim.
“If Burns had not done what he did, he feared he would be shot, killed, or have his blood spilled out in the Marriott,” Eggert said. “If he hadn’t done what he did there would be no trial because he would not be here, he would be deceased.”
Prosecutors: Burns ‘brought a gun to a fist fight’
Assistant Commonwealth’s Attorney Daniel Laren told the jury the question was not if Burns actually shot the victim, but if he was justified in doing so, which Laren argued he was not.
“At close, we are going to ask the jury to consider this defendant in essence brought a gun to a fist fight and hold the defendant responsible for the choices he made to kill Oxendine, and harm (the other victim),” Laren said.
The deadly dispute is said to have taken place because of money, which Laren argued the victim felt he was owed after he was set to perform in a concert that got canceled.
According to court testimony from Eggert, Burns was an MC and promoter for a show that was going to take place near Manchester on Jan. 30. Oxendine, an aspiring rapper dubbed “ATM Grinda” wanted to perform in the show, and asked Burns to help him get involved.
“The evidence will show Oxendine was killed by the defendant, and you will decide whether the defendant was justified in that shot,” Laren said to the jury.
According to court testimony by Eggert, Burns did not want Oxendine to be involved in the show. Burns had worked hard on organizing the show and wanted it to go well.
“(Burns) poured effort and time and money into this and it was a big deal and he wanted it to succeed,” Eggert said. “They did not want (Oxendine) to perform, but he threatened Burns and that is the only reason they agreed to let him perform, because they did not want this to go south.”
The night of the concert, Eggert said Oxendine arrived at the venue with an “entourage” and paid for the VIP section. However, Eggert said it was reported he and other members were smoking in the venue, which was not allowed. In addition, he stated someone in the group tried to enter with a weapon. Testimony indicated fights broke out.
“So they said, ‘That’s it,’ and they called security (on Oxendine) and the event was ultimately shut down and canceled,” Eggert said. “He put his heart into this and their worst fears were realized and came to light and the event was canceled and evidence suggests (Oxendine) was going to get (Burns) that night and police waited outside where they were waiting to get them.”
Lexington Police Officer Andrew Schickler who was on the scene at the venue that evening said he and other officers were posted outside to make sure no one “confronted, jumped or assaulted” the promoter. Schickler confirmed threats were made to confront Burns even by means of going to Frankfort, where Burns lives.
Eggert argued Oxendine became “enraged and furious” and “believed he had been disrespected and began to make threats to kill.”
These threats surfaced on Instagram, and were shown to the court. Tweets included statements which read, “Let me know so I can get it poppin!!!,” and “He better come with his biggest gun.”
However, Precious Parker testified that Oxendine, her brother, only used Instagram to promote his music, but was “more of a Facebooker.” She stated he did not use Snapchat because he was “too old.” Both Parker and Oxendine’s cousin, Arial Oxendine testified they never heard Oxendine make threats, but that he did want his money back.
“He wanted his money back because he didn’t get to perform,” Parker said. She added her brother made mention to security guards or bouncers about getting the money back, as did other people who were scheduled to perform.
Defense attorney: Burns ‘never wanted any part of this’
On Jan. 31, Oxendine was at the Marriott Hotel and City Center complex where he was recording a music video. Later in the evening, Burns appeared at the hotel, where he and Oxendine begin speaking, according to court testimony.
Parker, who was in the hotel on Jan. 31 before the incident said she saw Burns enter the hotel’s lobby, where she heard him say to her brother, “Let’s take this outside, I don’t want to cause a scene.”
“Burns did not initiate anything,” Eggert said. “(Oxendine) said, ‘Where is my money,’ which is what he had been saying. My client didn’t have the money on him, and he was planning to pay back his client and (Burns) walks outside and (Oxendine) walks outside with him and the threats begin in earnest.”
Laren played video footage from the night of the shooting taken outside of the courtyard of the Marriott Hotel’s entrance. The video showed a verbal altercation between Oxendine and Burns taking place right outside of the hotel, when it appeared to escalate to Oxendine punching Burns twice in the face.
“When that happened, that video will show Jacouri Burns turning and that’s when he receives the first punch, and it shows no punches were thrown by Burns, and he runs, he wants no part of this. He never wanted any part of this,” Eggert said.
Burns was shown on footage running away. As he was running, Eggert said Oxendine could be heard yelling, “My shooters are over there.”
Eggert continued, “(Burns) wanted the concert to succeed. Approaching him and running after him is (Oxendine) and he is advancing and going towards the car and Burns thinks he is finished, and they are going to do what they said they were going to do.”
At that point, the video footage shown to the jury depicted Burns firing four shots with two hitting Oxendine in the back and chest. One shot was fired towards another person. One shot was aimed again at Oxendine, but missed him. The footage showed Burns and another unidentified person getting into the car and driving off while Oxendine crawled to the back of a vehicle.
Oxendine’s half-brother and girlfriend were seen on video rushing over to him. Eggert said in court testimony that they removed his cell phone and a bag of suspected marijuana from his pockets.
Eggert said Oxendine’s phone – which was never recovered by police – was crucial evidence and investigators could’ve found threats of violence being made on social media.
“They never give the phone back, police tried to get it back but they hid it from police and the defense will suggest in evidence they hid the phone from police because they knew it would have been critical information,” he said.
However, the victim’s mother, Lonetta Oxendine, was called by the prosecutor’s office, and said she ended up with her son’s phone a week after the shooting. She told the jury she wanted it because it had photos, memories, and songs made by her son, and she wanted to show those to his three kids later on.
“I wanted to be able to go back,” she said.
Investigators still never got the phone.
Following the shooting, the video footage showed Burns jumping in his vehicle and driving away. He was found by police the next day in Frankfort. Upon arrest and a search of his home, police were able to locate Burns’ concealed carry license, his driver’s license, clothing that matched the security footage, and the weapon which matched shell casings found at the scene.
In further trial proceedings, prosecutors called several witnesses including Jared Gettler, chief engineer at the City Center, as well as Charles Deaton, the director of security for the City Center. Both were called for specific questions about the footage, and layout of the hotel/and center. Members of Oxendine’s family and Lexington police officers also testified.
Burns’ attorneys said in court that they plan to call witnesses who will speak to Burns’ character.
Burns’ trial was expected to continue Wednesday.
This story was originally published June 7, 2022 at 2:15 PM.
