Homicide Defendant Asserts Right to DNA Testing, Co-Defendants Demur

By Elizabeth Bernstein - November 1, 2024
Daily Stories | Homicides | Suspects | Victims |

DC Superior Court Judge Rainey Brandt heard from a homicide co-defendant asserti his right to conduct independent DNA testing and accepted his two co-defendants decision to waive their similar right during a hearing on Nov. 1 

Demonte Gibson, 25, Tre’quan Nelson, 23, and Asani Forte, 26, are charged with first-degree premeditated murder while armed, conspiracy, three counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, assault with intent to kill while armed, unlawful possession of a firearm, and destruction of property less than $1000 for their alleged involvement in the murder of 34-year-old Delonte King that occurred on Nov. 3, 2021, on the 2800 block of 14th Street, NW. 

Nelson and Forte’s attorneys, Jesse Winograd and Susan Ellis, alerted the court that Nelson and Forte are waiving their right to conduct independent DNA testing.

Judge Brandt was satisfied that those defendants their decisions freely and voluntarily.

Gibson’s lawyers, Kevann Gardner and Rachel Cicurel, alerted the court that Gibson was asserting his rights to conduct independent DNA testing.

Judge Brandt was concerned that Gardner’s assertion is coming at the “eleventh hour” as trial is scheduled for March 17, 2025. Judge Brandt confirmed Gibson’s right to conduct independent testing but informed the parties that trial will not be delayed if testing is not completed in time.

According to the prosecution, the evidence that can be tested by Gibson includes 25 cartridge casings, a knife, various pieces of clothing, and two projectiles. From King’s autopsy, they can test a blood card, fingerprints, and a bullet fragment that was lodged in King’s brain. From Gibson’s apartment, there are five guns, jeans, and a black ski mask. There are also buccal swabs from Gibson, Forte, and Nelson.

The prosecution referred to Gibson’s decision to conduct testing as “suspect at best and a delay tactic at worst,” citing the strength and reliability of the prosecution’s test and the timing of Gibson’s decision.

Parties are set to reconvene on Feb. 28.