Judge Says Prosecution Is ‘Out of Luck’ if They Don’t Meet DNA Testing Deadline in A Homicide Case

By Natalie Note - September 16, 2024
Daily Stories | Homicides | Suspects | Victims |

DC Superior Court Judge Anthony Epstein ordered the prosecution to have DNA testing results by Nov. 8 in a Sept. 13 status hearing for a homicide case with three co-defendants. 

Raymond Mathis, 36, Keshawn Lavender, 23, and Deandre Sams, 28, are charged with first-degree murder, attempted robbery while armed, and two counts of possession of a firearm during a crime of violence. These charges stem from their alleged involvement in the fatal shooting of 32-year-old Matthew Miller during an attempted robbery on Sept. 6, 2023 on the 200 block of M Street, SW. Two other individuals sustained injuries during the incident. 

Mathis was arraigned and pleaded not guilty to the charges against him at the beginning of the hearing.  The defense then requested that the prosecution be given a deadline for when they must have DNA testing results by. 

Kevin Irving, Lavender’s defense attorney, told the court that he does not understand why the prosecution is not adhering to the court’s deadlines. According to Irving, this is the second time that the IPA hearing, in which defendant’s can assert or waive their rights to independently test the evidence, has been delayed due to the prosecution submitting new DNA for testing and waiting for the results. 

Judge Epstein told counsel that the trial, which is set for Sept. 28, 2025, is not going to be pushed back. Epstein said if the prosecution cannot “get its act together” then they will be “out of luck.” 

The prosecution was hesitant to agree to the Nov. 8 deadline proposed by Judge Epstein because they had hoped to do a third round of testing once their second round results come in at the beginning of October. Judge Epstein denied their request for a later deadline. 

Parties are set to reconvene on Dec. 13.