2018-05-05 Burks

#street/15th/NW/300-block #offense/murder

Murder of Garyan Lamont Cain

Murder of	Garyn Lamont Cain
Location	300 block of Northwest 15th Avenue, Amarillo, Texas, U.S.
Date	May 5, 2018; approximately 9:15 p.m. (CDT)
Victim	Garyan Lamont Cain (26)
Accused	Desiray Devon Burks (28 at time of arrest)
Charges	Murder (indicted June 27, 2018)
Verdict	Not guilty (acquitted July 2022)
Court	108th District Court, Potter County, Texas

The murder of Garyan Lamont Cain occurred on May 5, 2018, in Amarillo, Texas, when 26-year-old Garyan Lamont Cain was fatally shot in the 300 block of Northwest 15th Avenue. Desiray Devon Burks, then 28, was arrested and later indicted on a charge of murder. After being held in custody from 2018 until 2021, Burks was tried in July 2022 in the 108th District Court of Potter County and was acquitted by a jury following four days of testimony.[gunmemorial]

Background

Garyan Lamont Cain was a 26-year-old resident of Amarillo, Texas. Desiray Devon Burks, 28 at the time of the incident, was also an Amarillo resident.^[1]

Incident

On the evening of May 5, 2018, at approximately 9:15 p.m., the Amarillo Police Department responded to reports of a shooting in the 300 block of Northwest 15th Avenue. Upon arrival, officers located Cain, who had suffered a gunshot wound and was pronounced dead at the scene.^[2]

Burks was identified as a suspect during the initial investigation, taken into custody, and booked into the Potter County Detention Center on a charge of murder. Authorities asked anyone with additional information to contact the Amarillo Police Department’s Special Crimes Unit.

Investigation

Potter County Justice of the Peace Debbie Horn pronounced Cain deceased at the scene and ordered an autopsy, which was conducted on May 7, 2018, in Lubbock, Texas. A forensic pathologist later testified that Cain’s cause of death was a gunshot wound with entry into the lower neck.^[3]

Indictment

On June 27, 2018, a Potter County grand jury returned an indictment charging Desiray Devon Burks with murder in connection with Cain’s death. Burks remained in custody at the Potter County Jail from 2018 until 2021.^[4]

Trial and acquittal

Burks was tried in July 2022 in the 108th District Court of Potter County on a charge of first-degree murder. The trial lasted four days and included witness testimony regarding the circumstances of the shooting

According to testimony presented at trial, Cain allegedly confronted Burks with a firearm, leading to a physical struggle before the shooting occurred. At the conclusion of the trial, the jury returned a verdict of not guilty, and Burks was acquitted of the charge.^[5]

Timeline

May 5, 2018 (≈9:15 p.m.) – Shooting occurs; Cain is found deceased; Burks is arrested and charged with murder.
May 7, 2018 – Autopsy is performed in Lubbock, Texas.
June 27, 2018 – Potter County grand jury indicts Burks on a murder charge.
2018–2021 – Burks is held in the Potter County Jail.
July 2022 – First-degree murder trial; Burks is acquitted by a jury after four days of testimony