Former Surfside commission candidate Shannon Gallagher was back in a Broward County courtroom Monday, asking a judge to dismiss the murder charge tied to her uncle's 2022 death. Prosecutors say Gallagher shot and killed 74-year-old Thomas Burke, who was found with a gunshot wound to the head. Gallagher insists Burke died by suicide and argued in court that investigators failed to preserve crucial evidence, so the state's case cannot survive.
According to Local 10, court filings show Burke signed a last will and testament just days before he died, leaving his estate to Gallagher, who was acting as his caretaker. The station reported that Gallagher, 56, has consistently said her uncle took his own life and told the judge that surveillance footage from inside the home - which she called the most important piece of evidence - was never saved by Fort Lauderdale investigators. Local 10 also noted it is not yet clear when the judge will rule on her request.
The Miami Herald reported when Gallagher was first arrested in January 2023 that authorities were examining inconsistencies in the timeline surrounding Burke's March 2022 death. The Herald's earlier coverage detailed that a will dated March 18 was filed in April and blocked other relatives from inheriting. Those filings, along with a grand-jury indictment that was at times sealed, were described as central to prosecutors' decision to bring the case.
Charges and prior court actions
Prosecutors added a separate charge of "assisting in self-murder" against Gallagher in June 2025, according to NBC 6. At that hearing, a judge set bond on the new count and pretrial dates were placed on the calendar. Since then, attorneys on both sides have filed motions attacking and defending the handling of evidence and courtroom procedure, as prosecutors refined their legal theories while the case moved through Broward County courts.
Defense points to missing surveillance
Gallagher told the judge that the key evidence in the case - home surveillance video that she says would show Burke's final hours - was never preserved by investigators, a claim laid out in detail in defense filings reviewed by Local 10. Her legal team argues that without that footage, the state cannot prove premeditated murder beyond a reasonable doubt. Gallagher has also highlighted that Burke changed his will shortly before his death, leaving his estate to her while she served as his caregiver, facts the defense says are consistent with her account rather than the state's theory.
Legal stakes under Florida law
Under Florida law, first-degree murder and related homicide offenses are spelled out in state statutes and can bring some of the harshest penalties available. The law also includes a separate offense for "assisting self-murder." Those are not just technical labels, since the specific charge dictates what prosecutors must prove at trial and which punishments are on the table if there is a conviction. For the full statutory language, see the official Florida Statutes.
The judge has not yet ruled on Gallagher's motion to dismiss, and the case remains active in Broward County. If the motion is denied or additional hearings are scheduled, prosecutors and defense attorneys are expected to return to court to continue fighting over how, and whether, the case will ultimately be tried.
