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By
D.C. Witness Staff
- June 19, 2019
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During a felony status conference June 18, counsel in a murder case discussed a warrant for a defendant’s DNA.
Tyree Irving is charged with first-degree murder while armed for allegedly shooting 22-year-old Davane Williams in January on the 1200 block of North Capitol Street, NW. Irving, 22, is also charged with assault with a dangerous weapon as part of a separate offense in February.
The prosecution applied for the warrant ex-parte, which defense attorney, John Fowler, objected to.
Fowler argued that collection of Irving’s DNA is an intrusion on his body. He also said he did not want the DNA sample to be entered into evidence if the case went to trial.
Fowler said the prosecution’s discussion of the warrant with the judge should not be ex-parte. It’s inappropriate to test a detained person’s DNA, he said.
Fowler also said he believes the evidence will go nowhere but gave no further explanation.
After DC Superior Court Judge Dayna Dayson allowed the prosecution to proceed with the warrant application, Fowler said he would file a motion to quash the warrant.
Judge Dayson gave the defense until June 24 to file a motion to quash the warrant. She said the warrant could not be executed until the motion to quash was resolved.
The prosecution’s response to Fowler’s motion is due by June 25 and a motions hearing is scheduled on June 26.