Lamar Burks

June 30, 1997, Earl Perry was shot to death at the Fifth Ward after persons believed that he was cheating others in a dice game, by playing with loaded dice.

In September 1997, Lamar Burks was indicted for the June 30, 1997 murder of Earl Perry.  Burks's trial was set for March 1998.  The charges were dismissed the day of the trial on the grounds that the state's sole witness, Kevin Scales, admitted he had been drinking on the night of the shooting and misidentified Burks.  The murder charge was dismissed by Judge Jeannine Bar of the 182nd District Court of Harris County Texas.

On May 8, 2000, Lamar Burks was indicted again, along with Derevin Whitaker for the 1997 murder of Earl Perry.  A. DEA informant, Randy Wayne Lewis, appeared before a Harris County Grand Jury and testified he witnessed Burks and Whitaker murder Perry.  Lewis was in protective custody and was escorted during his appearance to the Grand Jury by DEA Agent Jack Schumacher.  Randy Lewis later recants his testimony in a sworn affidavit, stating that he had too much to drink and could not positively identify Lamar Burks as the person who shot Earl Perry.  Lamar Burks was tried and convicted on October 30, 2000 for murder and received a 70 year prison sentence.

Clayton Brown later signs a sworn affidavit, stating that drove to Cavalcade in the Fifth Ward on June 30, 1997 around 2:00 or 3:00am.  He stated that he had a 9mm pistol that he had bought off the street some time before.  A black male, who was tall and slender, was there with the deceased Perry, that he never knew Perry personally.  There was a crowd of at least 100 individuals.  An older guy accused Perry, and his friend, of cheating everyone out of money by playing with loaded dice.  Someone pulled out a pistol and then, Perry grabbed the dice.  Words were exchanged and then at least one shot was fired.  The bullet struck Perry. Clayton Brown stated that he fired his 9mm pistol six times, or so, and hit Perry.  Brown also states that he never saw Lamar Burks and does not recall seeing Derevin Whitaker.

Brown goes on to state, that he did not want to testify at Burks' trial because he did not want to incriminate himself.  In fact, he never spoke with Burks or his lawyer during Burks' trial.  He also states that it was he, not Lamar Burks, that shot Perry.  On January 15, 2002, Clayton Brown entered into a plea bargain to murdering Earl Perry and received five (5) years in prison.

There are several signed sworn affidavits and a letter written by Derevin Whitaker that states that he, nor Lamar Burks, had anything to do with murdering Earl Perry.  Lamar Burks volunteered to be administered a polygraph examine on October 13, 2003.  The polygraph examiner, John s. Swartz, administered the polygraph.  In Mr. Swartz's report, he states "No Deception Indicated".

Channel 39, what happened to the story?  It never aired!

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