On July 13, 2018 at approximately 10:25 PM, the Turlock PD responded to the 1600 block of Countryside Drive after dispatch received a call from a distraught mother of a one-year-old child. She stated to the dispatcher that her 22-year-old boyfriend, Andrew Masengale of Merced, physically assaulted her. She also stated that Andrew had pulled out a firearm and threatened her and her child. Officers were able to verify the woman had marks on her body consistent with domestic violence and arrested Andrew without incident. No weapon was found. See Turlock PD case number 18-5969. Andrew, who is on unsupervised probation out of Merced County for a robbery he committed in September of 2017, was released the next day.

According to the mother of David Burkhart, the DA, Larry Morse, and not a formal probation officer supervise Andrew’s probation. So he would not be violated unless the Merced County DA decides to violate his probation.

California’s domestic violence laws seek to prevent violence in familial or intimate relationships. Domestic violence often occurs in tandem with child abuse.

In Section 242, the Penal Code defines battery as a “willful and unlawful use of force or violence against the person of another.” Section 243(e)(1) of the Penal Code criminalizes battery within one of the specified familial or intimate relationships. Alternatively, a prosecutor can choose to charge the defendant with battery under Section 243(d) if the defendant “inflicted serious bodily injury” on the victim. Battery under Section 243(d) reflects a greater degree of harm suffered by the victim of domestic violence.

I contacted Merced County’s District Attorney Elect, Kimberly Helms Lewis, to understand how someone who is on probation could be released from jail with a pending DV charge and this is what she said; “Release could have been by bail. Or, the charge could have been a misdemeanor. It’s impossible to know without going to the original report. I don’t handle domestic violence cases in Stanislaus Co.

As for violations of probation, Stanislaus would have to inform Merced in order for there to be a hold placed on the probation violation. Merced can’t do anything about it if they don’t know about it.

Domestic violence cases are subject to so much distortion in the retelling. It’s impossible to know what really was documented in the original report. These kinds of questions are awkward for me because my roles are in between right now. It will be much easier after January comes.”


Andrew, as many Mercedians may know, was the key witness in the drive-by shooting death of Bernabed Hernandez-Canela on March 30, 2013 in Atwater, CA. In what has become infamously known as the “Easter Day Massacre” in which a total of three teens were murdered and two others wounded. Merced County sheriffs arrested Jacob Tellez, a known gang member, for Bernabeds murder after Merced Sheriff’s dispatch received an accidental call in which Jacob is heard discussing the shooting and his possible involvement.

The Merced County Sheriffs for some unknown reason, released Jacob Tellez from custody trusting that the known gang member would return shortly with the suspected murder weapon. Jacob never returned after his release as promised and no warrants were re issued for his arrest until a new investigator was assigned to the case. It was quickly determined that Ethan Morse, the son of recently defeated District Attorney Larry D. Morse II, was driving the DA’s SUV on the night of the massacre with several gang members including one named Tern who had a personal beef with Bernabed. That personal beef began when Tern and Bernabed fought at Golden Valley High School in Merced just weeks before the murders. Merced PD was called to the scene and the school was placed on lock down.

According to several witnesses at the scene of the Atwater Easter Birthday Party, Bernabed and one of the male victims got into a fight and the male victim beat Bernabed. Bernabed then went to his vehicle and retrieved a gun he was known to carry, walked back into the backyard and opened fire before running away. Bernabed then fled and was shot with two different caliber weapons. The theory is that he was shot while running away and fell. The shooter then pulled over and got out of their vehicle, picked up Bernabed’s gun and shot him point blank killing him. Neither weapon was ever recovered.

Bernabed’s two friends were charged and convicted of the shooting although witnesses said they did not shoot anyone.

Ethan Morse and Jacob Tellez were also charged in the shooting death of Bernabed but the judge refused to believe any other witness during the preliminary hearing except one, Andrew Masengale and released both Tellez and Morse from jail.

Since that time, Andrew has not only been involved in a robbery and the latest domestic violence crimes, but he has also been implicated in the shooting death of 17-year-old David Burkhart on March 9, 2018. He has never been arrested and or charged with that murder even though he admitted to the crime to police. Even the local Merced newspaper, the Merced Sun-star, refused to inform the public of the murder, which led many locals to believe the family was making it up in order to get money from a GoFundMe page.

And once again, Andrew admits to another crime, domestic violence, and nothing will happen to him legally because he saved the DA’s son from a 15-year prison sentence for Bernabed’s murder.


Andrew now hides from the public in one of three homes and is known to be addicted to both cocaine and unknown pills, possibly opitaes. The three homes include one located on Branco Ave, one on 23rd Street and one on Shady Hallow Crt. According to a law enforcement source Andrew is related to Larry Masengale who has very close law enforcement ties and is alleged to have been a law enforcement officer himself.

I received recorded phone calls in the mail recently from an anonymous source stating that Andrew admitted to the domestic violence and knows he is above all laws. I have decided not to post the actual conversations due to privacy laws, but here is a transcript of the calls.

First call by the alleged father to his ex girlfriend who is now with Andrew Masengale and may have been the unknown girl who answered the phone after repeated callbacks by the Merced PD dispatcher after David Burkhart was murdered on March 9, 2018 by Andrew Masengale at Andrew’s fathers house on Shady Hollow Crt.

FATHER: “Where’s my son?”

ABUSED MOTHER: “He’s right here.”

FATHER: “Where are you?”

MOTHER: “I’m at a gas station.”

FATHER: “What did he do to you?”

MOTHER: “He chocked me and pulled my hair and did a whole bunch of shit to me and I’m talking to the cops right now.”


Second call to Andrew Masengale by the alleged father of the child.



FATHER: “Hey bitch you fuckin’ hit my baby’s mama?”


FATHER: “Where the fuck you at motherfucker?”

ANDREW MASENGALE: “Your mama’s house.”

FATHER: “Where the fuck you at bitch so I can fuck you up, n_____er.”


FATHER: “Handle it bitch. Be a fuckin’ man n____er! Wassup? Be a man. Fuck with me, n___er. Be a man, man up.”

ANDREW MASENGALE: “Very scared, scared.”

FATHER: “Man up, n____er, man up. Man the fuck up n___er (unintelligble). Fuckin’ pussy!”

ANDREW MASENGALE: “Yeah n____er thats why your the only bitch n____er in Merced…

FATHER: “Yeah run it then run it then n____er. Quit talking and running.”

ANDREW MASENGALE: “Bitch I’m in Turlock right now whats up?”

FATHER: “That’s right cause you a pussy ass n____er stay your ass there bitch.”


One can only hope that justice will be served and Andrew be sent behind bars for many years to come. Until then, look out Mercedians, DA Larry Morse is protecting a murderer and you or your family could be next.


  1. Linds Burkhart | July 30, 2018 at 6:16 am | Reply

    To those locals who said they believed my family “made up this story to get money from aGo Fund Me page” can go to HELL!!!
    Im DAVID BURKHART’S mother, i lost my handsome baby boy on March 9, 2018 I have to wake up every fucken day knowing I’ll never be able to hug and kiss him ever again! Shame on all of you!!!!! Maybe your bitch ass should look on the Go Fund Me page right now TODAY! The money hasnt been withdrawed because we are too busy focused on the corrupt MPD detectives and all involved with this cover-up. We are grieving everyday for the loss of such a beautiful soul that was taken from us by the DA ”s sons best friend ANDREW MASENGALE !
    So again shame on you and next time you want to make false accusations about a family who lost their son do your homework first!

  2. thats why the da son died he deserved it lowkey

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