Murder suspect held without bail after pleading not guilty in killing of David Green Jr.

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PITTSFIELD — A New York man charged in last fall's fatal shooting of David Green Jr. remains held without bail after his arraignment in Berkshire Superior Court.

Lance Burke, 40, of the Bronx, waived his appearance Wednesday and entered not guilty pleas to murder and weapons charges in connection with the Nov. 3 slaying.

He is accused of shooting Green, 30, who was seated in a pickup truck on Willow Street in the Morningside neighborhood. Green died of a gunshot wound to the neck, and the Berkshire District Attorney's Office has ruled his death a homicide.

Burke was arrested on a warrant in New York on Nov. 20 and returned to the Berkshires for an arraignment in Central Berkshire District Court in early December. He has since been held without bail, and was indicted by a grand jury last week.

"Today's homicide arraignment is the result of a rigorous investigation by the Pittsfield Police Department and strong teamwork between law enforcement and prosecutors," said Berkshire District Attorney Andrea Harrington, in a prepared release. "My job is to seek justice for victims and their families. My office will continue to prosecute this case with competence and integrity."

Burke's attorney, Calvin Carr, filed a motion seeking to have Burke transferred from Worcester County, where he is being held in pretrial detention, to the Hampshire County House of Corrections in Northampton.

Carr said Burke was inadvertently transferred from Berkshire County to Worcester, and the extra distance not only makes phone calls between Burke and his family in New York more costly, but makes it more difficult for him to meet with his client.

First Assistant District Attorney Karen Bell objected to the motion, claiming Burke was transferred out of Berkshire County due to security concerns regarding other inmates at the Berkshire Jail and House of Correction.

Carr said that was the first he'd heard of any security concerns.

Judge John Agostini took no action on Carr's motion, noting those decisions are handled by the Department of Corrections.

In all, not guilty pleas were entered on three counts; murder, illegal possession of a firearm and illegal possession of a loaded firearm.

Burke is due back in court on Sept. 9 for a pretrial hearing.

A conviction of first-degree murder carries a penalty of life in prison without the possibility of parole.

Bob Dunn can be reached at bdunn@berkshireeagle.com, at @BobDunn413 on Twitter and 413-496-6249.


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