Former Surfside commission candidate asks Broward judge to dismiss murder case, claims flawed investigation

A former Surfside commission candidate spent Monday in a Broward courtroom fighting to have murder charges against her dismissed, arguing that investigators conducted a flawed and unconstitutional investigation into the 2022 death of her terminally ill uncle.

An all-day hearing was held before Broward Circuit Judge Ernest Kollra on Shannon Gallagher's motion to dismiss the case. The judge did not immediately rule.

Gallagher is charged in connection with the death of her uncle, Thomas Burke, who was found dead from a gunshot wound inside his apartment in 2022 while Gallagher was campaigning for a seat on the Surfside Town Commission.

According to prosecutors, Burke had recently changed his will to name Gallagher as his sole heir before his death. Gallagher has consistently maintained that her uncle, who was suffering from terminal cancer, died by suicide and had told others of his intentions beforehand.

Prosecutors initially charged Gallagher with murder before later adding a charge of assisting Burke in taking his own life.

Representing herself in court, Gallagher told CBS News Miami the investigation was fundamentally flawed from the start.

"They didn't investigate this like a homicide the way it should have been investigated," Gallagher said.

She also accused investigators of violating her constitutional rights.

"I think they framed someone who's innocent of murder. But also they were on the scene five hours with no search warrant. They showed no regard for the Constitution as far as I'm concerned," she said.

Gallagher said she earned a law degree from Duke University but has never practiced criminal law. She said she chose to represent herself because the money she would have spent on an attorney is instead being used to hire law enforcement experts to challenge the police investigation and support her claim that investigators rushed to judgment.

When asked about allegations that she stood to inherit money from her uncle's estate, Gallagher denied having a financial motive.

"No, there is no money. He wanted to be sure if any money was left over, it would be to take care of Lolita," Gallagher said, referring to her uncle's pet parrot.

Prosecutors, however, argued they have substantial evidence against Gallagher, including what they say are inconsistencies in her timeline of Burke's death, gunshot residue found on Gallagher, and a rambling video she recorded discussing the possibility of collecting money through a wrongful death lawsuit.

Judge Kollra did not issue a ruling Monday. The case remains pending.