A defense attorney filed for dismissal of the remaining shooting charge and was granted a retrial in a case based on questionable DNA testing. The issue was raised in a hearing before DC Superior Court Judge Judith Pipe on June 12.
On April 30, Donnell Wells, 36, was acquitted of three counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, two counts of aggravated assault knowingly while armed, possession of a firearm during a crime of violence while armed, and unlawful possession of a firearm with a prior conviction for his alleged involvement in a shooting on Aug. 1, 2024, on the 500 block of Newcomb Street, SE.
However, the jury convicted him of unlawful possession of a firearm with a prior conviction.
Brandon Burrell, who is representing Wells, asked for reconsideration based on prosecution evidence introduced from flawed DNA test kits but he commended the prosecution for making the disclosure.
While she didn’t think the prosecution didn’t act in bad faith, Judge Pipe did agree that the faulty DNA kits cast doubt on Wells’ guilty finding. Thus, she ruled the case could be reheard.
Burrell then argued for Wells release before the retrial on the grounds that his guilty verdict was for a relatively minor offense. He said that Wells would be trustworthy on home confinement.
The prosecution countered that given the charges, Wells’ release would endanger the community.
Ultimately, Judge Pipe decided that the nature of Wells’ prior offences and that Wells still had an active extradictable warrant for arrest mandated detention.
She has scheduled Wells’ retrial for July 15.
