In quick fashion, man convicted of ordering death of Colorado Springs rap artist
As quickly as the trial against Derrick Bernard began, it ended.
Just over 48 hours after opening statements — which were given on Tuesday afternoon — Bernard was found guilty of three counts of murder for ordering Aee Shawn Mathews, 26, to kill William Underwood, who went by the rapper name "FYL Jackk."
The breakneck speed of the trial was unusual compared to the traditional pace of a first-degree murder case, which can often take multiple weeks to complete.
But nothing about Bernard's trial was standard procedure.
Bernard elected to represent himself at trial, claiming that he was never offered effective counsel and that his multiple previous defense attorneys were biased, corrupt or incompetent.
Even in the weeks leading up to the trial Bernard was offered advisory counsel to assist him at trial, but they recused themselves from the case due to Bernard's insistence to go ahead with trial in November and not waive his right to a speedy trial, according to Judge Ingrid Bakke during jury selection on Tuesday morning.
Even the presence of Judge Bakke presented an abnormality as she was the 10th judge to oversee a criminal hearing against Bernard since July of last year.
Testimony in Bernard's trial began on Wednesday morning, with much of the opening testimony establishing who Underwood was, how he was killed and the feud between Bernard and Underwood that led to his death.
Jurors heard testimony from several of Underwood's friends who testified that the feud between the two began online due to comments posted on social media.
Prosecutors alleged through trial that Bernard felt "disrespected" by Underwood's actions which first led to an alleged arson attack at Underwood's friend's apartment, and later his death.
On Sept. 17, 2019, Underwood was confronted outside his aunt's home during his birthday party by a man — alleged to be Mathews on orders from Bernard — who shot Underwood 18 times, including seven times to the back of the head, according to the prosecution.
The bulk of the evidence making up the prosecution's case came from recorded Department of Corrections phone calls where Bernard can be heard coordinating the shooting of Underwood, and discussing the aftermath, with Mathews and others.
Bernard was in custody of the Department of Corrections in 2019 at the time of Underwood's death because he pleaded guilty to weapon possession by a previous offender in 2018, where he was sentenced to 32 months in prison, according to court records.
Several clips of Department of Corrections phone calls from Bernard were played in court, including one call the day after Underwood's death where Bernard can be heard telling Mathews, "A statement has been made."
"It ain't about what you know, it's about what you can prove," Bernard can be heard telling Mathews on another call days after Underwood's death.
"If anyone disrespects Mr. Bernard, that has to be handled," prosecutor Anthony Gioia said during closing arguments. "He wants to blame everyone but himself for the role he played in Mr. Underwood's death ... But the truth is in the evidence."
Bernard's closing arguments mirrored much of what he had said throughout trial, and even online through his social media pages in the lead-up to trial.
Bernard alleged that he was part of a "sham prosecution" where the police officers involved in his arrest and the judges involved in his prosecution were "corrupt" and "crooked."
During Bernard's closing arguments he described Underwood as "lil bro" and stated that he had nothing to do with his death, and that police were attempting to cover for the "real killer" by prosecuting him. Bernard described the case against him as "retaliatory" and the evidence presented by the prosecution as "speculation."
During trial Bernard attempted to use the alternate suspect theory of defense, asking several witnesses questions about other potential suspects and individuals associated with the case.
Nearly all of those lines of questioning were objected to by the prosecution and sustained by Judge Bakke due to the theory of defense being denied prior to trial.
Before jury selection on Tuesday morning Bakke made it clear to Bernard that he was able to use the alternate suspect theory of defense at trial, but only if he was willing to waive his speedy trial right and set for trial in January instead. Bernard refused to do so, so arguments and questions regarding alternate suspects were not allowed in court.
The topic of alternate suspects had come up at Bernard's preliminary hearing, where discussion was had over a man who allegedly confessed to killing Underwood on Facebook.
El Paso County Detective Courtney McCormack at the preliminary hearing testified that it is true that one individual confessed to being involved on Facebook, but through further investigation it was determined that the individual was in the Department of Corrections at the time of the shooting and that it was likely his girlfriend who sent the message. McCormack added that the individual in question was in custody because of an ongoing domestic violence case with the girlfriend .
Bernard's conduct and outbursts were continuous throughout his brief trial. Several times Bakke threatened to have Bernard removed from the courtroom if his behavior did not improve. This all came to a head at the very end of closing arguments when Gioia said that Bernard is "painting himself as the victim," Bernard began to yell at prosecutors, and an associate of his in the crowd began to yell at the jury to find Bernard not guilty.
"Don't find him guilty," the woman yelled at the jury as she was being removed by deputies. "He's innocent y'all."
The woman, who had been present at several previous court hearings wearing a media badge, was escorted out of the courtroom but screaming continued from the hallway. Several deputies began to remove Bernard from the courtroom at the same time, but Judge Bakke changed her mind and allowed him to stay.
The quick trial was completed with a quick verdict from the jury. Judge Bakke gave the case to the jury just before 3 p.m. on Thursday and the jury returned with a verdict at around 4 p.m.
The verdict was guilty on all three counts of first-degree murder, and the sentence was life in prison without the possibility of parole, and two separate 48-year prison sentences.
Seemingly for the first time in court proceedings, Bernard had nothing to say as the three guilty verdicts were read by the court, offering only a shake of his head.
Bernard did have one last thing to say to the judge before being escorted out of the court after sentencing:
"I stand on everything I said here. You're a crook, and you're a criminal," Bernard said to Bakke as five different deputies prepared for him to be moved out of the courtroom. "I'll be seeing you soon."
Bernard will return to court in January for a second trial where he is accused of attempting to kill two Colorado Springs police officers in 2020 in retaliation for arresting a woman, who he had a relationship and a child with, for attempted first-degree murder.
Mathews is scheduled to go to trial on charges related to the death of Underwood on Jan. 13. Prosecutors alleged at Bernard's trial that Mathews was the one responsible for the actual act of shooting and killing Underwood in 2019.
Mathews is currently not in custody after posting an $800,000 surety bond to be released in June, according to court records.