Quick Take:
Following a guilty verdict in late March, 65-year-old John Frederick Burke was sentenced to 56 years to life in prison for first-degree murder with enhancements for prior convictions on Tuesday morning.
A Santa Cruz Superior Court judge on Tuesday sentenced John Frederick Burke, 65, to 56 years to life in prison for the first-degree murder of Neoklis Koumides in November 2022. Judge Denine Guy called it one of the most “callous, cruel and heinous” cases that she has come across — and she noted the rarity of unhoused people getting involved in the legal process.
“We often have loss of life within our unhoused community, but we had unhoused community members come forward and testify,” she said. “They lost a friend, and came to testify even though they had their challenges and had experienced trauma watching their friend die.”
In the early-morning hours of Nov. 21, 2022, Burke left his apartment on Pacific Avenue and walked to the parking garage at the intersection of Walnut Avenue and Cedar Street, where Koumides was promptly killed. Burke then returned to his apartment, having only been gone for eight minutes, prosecutor Michael McKinney told the court.
During the weekong trial in March, McKinney relied on extensive video surveillance footage, eyewitness testimony and DNA evidence to argue that Burke had a premeditated plan to commit murder. The video evidence showed the path that Burke took to the parking garage, the reactions from those sheltering in the garage, and video from inside Burke’s apartment building that shows him in the same clothing — and later washing that clothing — that eyewitnesses described in their testimonies.
Neither the trial nor the sentencing hearing on Tuesday dove into the motive for the murder of 36-year-old Koumides, a former Benchlands resident who was also known by his nickname “Nick the Greek,” except for one witness testifying that he heard Burke make demands about money during the confrontation right before the murder.
While McKinney pushed for the full 50 years to life sentence with additional time for Burke’s prior felony convictions, Burke’s attorney, Art Dudley, said that a standard 25 years to life sentence is more appropriate, given Burke’s age.
“From a realistic point of view, he will be spending the rest of his life in prison,” said Dudley. “I think some of the arguments made by the prosecution just add numbers that realistically don’t have any impact.”
Burke declined to address the court.
Koumides’ sisters, Marianna Koumides, Daniela Koumides, and Patricia Brandon, as well as his mother, Dora Koumides, attended the sentencing hearing virtually. His mother tuned in from Greece. The family shed many tears as the sentencing moved forward, and some of them spoke to the court.
“This is really important, it’s a big deal, and I just hope justice is served,” said Daniela Koumides. “But again, we will never have him back and he was gone way too soon.”
Marianna Koumides spoke about the pain her brother’s death has caused in her life. At 29 years old, she said, she has lost her father, brother, and has suffered miscarriages all in a very short period of time. She added that she has been diagnosed with PTSD and severe anxiety disorder as a result of her brother’s murder.
“I know for a fact my nephews and nieces miss the silly video chats with their uncle, and I know for a fact my other older brother, who couldn’t even be here, is empty without the brother he grew up alongside,” she said through tears. “I’m sure the defendant must have thought that my brother had nobody or was nobody, but I can assure everyone here that my brother was known and loved.”
Judge Guy wrapped up the sentencing by noting the clear intent and calculated nature of the crime, and that Burke’s use of a knife was “very personal.” Guy added that not only has Burke had a history of using a knife in prior violent altercations, but while in custody, jail staff found a shank in Burke’s cell, further exemplifying that he is a danger to others.
“Mr. Burke does appear frail, and his time in custody has had an impact on his overall health, but on the night of this event, this was not a frail elderly person,” she said, reiterating that he was awake and ready in the early hours of that November morning, and sprung into action immediately. “This was a person that went to take care of what he felt was his due.”
And McKinney said that the case serves as a reminder that everyone, no matter how marginalized in the community, has people who care about them.
“We know the victim was unhoused at the time of this incident, and it’s easy to look past those people,” he said. “But this case is a very good reminder that everybody has somebody behind them, and has had a positive impact on people.”
Dudley told the court that he plans to appeal.