Shannon Gallagher, a California-licensed attorney and former Surfside, Florida, town commission candidate, was indicted in December 2022 on a charge of first-degree premeditated murder with a firearm in the shooting death of her 74-year-old uncle, Thomas Burke. In June 2025, prosecutors added an alternative charge of assisting in self murder. Gallagher is free on bond, representing herself, and scheduled for trial in September 2026 in Broward County. She maintains her uncle, who had terminal cancer, took his own life.
How Thomas Burke Died
Burke was found dead of a single gunshot wound to the head in his bed at his Fort Lauderdale home on the morning of March 21, 2022. The shooting occurred sometime between midnight and roughly 6:00 a.m., and the weapon was Burke’s own firearm. Gallagher, who had been staying with him as his caregiver, called 911 shortly before 7:30 a.m.1Sun-Sentinel. A Death After a New Will, a Questionable Timeline, a Niece Charged With Murder — but Was It Suicide?
Burke had been diagnosed with end-stage esophageal cancer and was under hospice care. He reportedly weighed 122 pounds at six feet two inches and was struggling to eat or drink.2NBC Miami. Attorney Claims Ex-Surfside Candidate’s Uncle Killed Himself
The New Will Signed Three Days Earlier
On March 18, 2022, three days before his death, Burke signed a new 10-page will revoking one from 2014. The new document left Gallagher everything: clothing, jewelry, personal property, furniture, art, vehicles, cash, and “all other intangible assets, including any interest in any existing or later-filed lawsuits.” It stated that Burke’s daughter, two sons, grandson, and ex-wife were “under no circumstances” to receive any assets.3Sun-Sentinel. Former Surfside Commission Candidate Arrested on First-Degree Murder Charge
Burke’s death also came six days after Gallagher lost her bid for a Surfside town commission seat in the March 15, 2022, municipal election.4Town of Surfside. Official Results and Certification
Indictment, Arrest, and Bond
A Broward County grand jury indicted Gallagher on December 8, 2022, on a charge of premeditated first-degree murder with a firearm. The indictment was sealed by Judge N. Hunter Davis. A warrant issued the following day, and Gallagher was arrested in Chicago. She waived extradition and was booked into Broward County jail on January 13, 2023, then held without bond at the North Broward Bureau in Pompano Beach.5NBC Miami. Ex-Surfside Commission Candidate Accused of Murder Seeks Release on Bond
After a two-day bond hearing, a judge granted her release on a $750,000 bond. Her attorney at the time, Robert Resnick, argued she had no criminal record, owned property in Florida, and was not a flight risk.1Sun-Sentinel. A Death After a New Will, a Questionable Timeline, a Niece Charged With Murder — but Was It Suicide?
The Added Charge in June 2025
In June 2025, prosecutors added a charge of assisting in self murder. Under Florida Statute 782.08, deliberately assisting another person in taking their own life is manslaughter, a second-degree felony, far less severe than first-degree murder and its potential life sentence.6Florida Legislature. Title XLVI, Chapter 782 – Homicide A judge set bond on the new charge at $100,000.7NBC Miami. Ex-Surfside Commission Candidate Charged With Killing Uncle Faces New Charge
The alternative charge lets the state pursue a conviction even if a jury rejects the murder theory but concludes Gallagher helped Burke end his life.
The Prosecution’s Theory
The state’s case leans on the timing of the new will and a financial motive. Beyond the inheritance itself, the will gave Gallagher rights to any future lawsuits filed on Burke’s behalf, including potential wrongful death claims. According to reporting by the Sun-Sentinel, Gallagher had repeatedly threatened to sue the hospice provider over the quality of Burke’s care and specifically over the provider’s failure to obtain a morphine pump he had requested. Prosecutors argue she killed her uncle to inherit his estate and to sue the hospice.8Orlando Sentinel. A Death After a New Will, a Questionable Timeline, a Niece Charged With Murder — but Was It Suicide?
Investigators also found gunshot residue on Gallagher’s hands. The defense noted that the residue consisted of only a single particle and that a 911 dispatcher had instructed Gallagher to perform CPR on her uncle after she reported his death.1Sun-Sentinel. A Death After a New Will, a Questionable Timeline, a Niece Charged With Murder — but Was It Suicide?
The Defense’s Position
Resnick told the court Burke, unable to secure the morphine pump he wanted, “did not want to suffer anymore.” He called the state’s motive theory “weak” and said it rested on a single hospice worker’s account of Gallagher’s complaints. “There’s no physical proof that indicates anything other than suicide,” Resnick told the Sun-Sentinel.1Sun-Sentinel. A Death After a New Will, a Questionable Timeline, a Niece Charged With Murder — but Was It Suicide? In a bond filing, Resnick wrote that to deny bail the state “must prove to a degree of certainty greater than proof beyond reasonable doubt that Thomas Burke did not commit suicide. This, the State cannot do.”2NBC Miami. Attorney Claims Ex-Surfside Candidate’s Uncle Killed Himself
Gallagher Is Now Representing Herself
Gallagher, a licensed attorney, is proceeding pro se, and she has litigated pretrial issues aggressively. On June 11, 2025, the Fourth District Court of Appeal ruled in her favor in Gallagher v. State, No. 4D2024-2602, granting her petition for a writ of certiorari and quashing a September 2024 trial court order that had denied her motion to preserve the testimony of certain out-of-state witnesses. Gallagher had shown those witnesses had serious medical conditions that could make them unavailable at trial. The appellate court held that the trial court departed from Florida Rule of Criminal Procedure 3.190(i), which permits perpetuating testimony when an out-of-state witness has material information and deposing them is necessary to prevent a failure of justice. Two concurring judges added that the denial implicated Gallagher’s Sixth Amendment rights under the Confrontation Clause and the Compulsory Process Clause.9FindLaw. Gallagher v. State, No. 4D2024-2602
An earlier appeal in the same case had already reversed a blanket prohibition on depositions the trial court had imposed based on Gallagher’s pro se status.9FindLaw. Gallagher v. State, No. 4D2024-2602
Where the Case Stands Now
Gallagher faces two active counts: premeditated first-degree murder with a firearm and assisting in self murder. She remains out on bond and continues to represent herself. The case, handled in Broward County’s 17th Circuit Court, has been in pretrial proceedings for more than three years and is set for trial in September 2026.7NBC Miami. Ex-Surfside Commission Candidate Charged With Killing Uncle Faces New Charge