On Feb. 21, DC Superior Court Judge Maribeth Raffinan determined that she is not ready to make a ruling on the request for the dismissal of a homicide case.
Daquan Gray, 22, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license, for his alleged involvement in the fatal shooting of 15-year-old Jaylyn Wheeler that occurred on May 11, 2018, near the 600 block of Alabama Avenue, SE. Wheeler was taken to a nearby hospital where he died from his injuries on May 16, 2018.
Gray’s attorney Dana Page raised concerns about the results of DNA testing allegedly showing Gray’s and two other unidentified persons’ DNA were likely on the firearm.
Claiming gross negligence, Page, asked Judge Raffinen to dismiss the case based on destroyed evidence as of Jan. 5, 2023. She accused the prosecution of acting in bad faith when handling the material.
The prosecution responded the lost DNA evidence may not be material to the defense.
Judge Raffinan stated that she was not ready to address the ruling, and would need more time to determine if the DNA evidence was significant, and continued the case.
Parties are slated to return on Feb. 28 to discuss the ruling.
