Missing girl update: Rape, kidnapping charges dropped against Daniel Burke, of Bohemia, who died in custody

Rape, kidnapping and other charges were formally dismissed Wednesday against a Bohemia man who died in custody after being charged in the case of a missing Long Island girl.

Assistant District Attorney Dana Castaldo moved to abate by death the case against Daniel Burke, 65, who "officials said suffered a medical issue" at the Suffolk County jail and died July 28 at Peconic Bay Medical Center.

"The indictment is abated by death and the [case against Burke] is dismissed,” acting State Supreme Court Justice Karen Wilutis declared during the brief proceeding.

Burke’s attorney, Oscar Crisafio, of Hauppauge, told Newsday in August that his client had gone into cardiac arrest before his death. His death was referred to the New York State Division of Criminal Justice Services for mandatory investigation that is ongoing, an agency spokesperson confirmed. 

Burke was among three men facing the possibility of spending life in prison for their role in the then-14-year-old girl’s 25-day disappearance starting in December 2024. Newsday is not naming the teen since she is a minor and the victim of alleged and adjudicated sex crimes.

Prosecutors previously said Burke was a "complete stranger" to the Patchogue girl when she approached his vehicle while alone outside of a Handy Pantry convenience store the evening of Dec. 10, 2024. After allegedly purchasing crack cocaine, Burke brought the girl to his mobile home on Valley Forge Drive, where she stayed for several days, prosecutors said at a February 2025 arraignment where he pleaded not guilty to first-degree kidnapping, second-degree rape and other felony charges.

Prosecutors have said detectives investigating the girl’s disappearance found video evidence that Burke, a maintenance worker for a property management company, had allegedly raped the minor inside his residence. He was also present while another man had sex with her in the back of Burke’s car and kept newspaper clippings related to her disappearance, prosecutors said.

In total, 11 defendants were charged last year in an 83-count indictment related to the girl’s disappearance. Three of Burke’s co-defendants have pleaded guilty and seven more remain headed to trial early next year.