Counsel Disputes Transfer of DNA Evidence In Connection to 2019 Murder Case

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Parties discussed Oct. 21 issues over DNA testing and the transfer of evidence in connection to a 2019 murder case.

Diantre Smith, 46, is charged with one count of second-degree murder while armed, one count of possession of firearm during a crime of violence, eight counts of unlawful possession of a firearm, two counts of carrying a pistol without a license outside a home or business, one count of leaving after colliding resulting in personal injury, three counts of leaving after colliding resulting in property damage/injury to an animal, three counts of unlawful possession of a firearm, and seven counts of assault on a police officer while armed in connection to the fatal shooting of 28-year-old Nyesha Galloway on Dec. 20, 2019, in a wooded area on the west side of the 400 block of 42nd Street NE.

During the Friday hearing, DC Superior Court Judge Marisa Demeo began by stating that she does not yet have a ruling in regard to the defense’s motion to reconsider severing the defendant’s counts and that the motion remains pending.

In regards to recent DNA testing, defense attorney Madalyn Harvey and the prosecution deliberated the issues surrounding the conditions of the transfer.

Previously, the prosecution made representations that all DNA results and evidence were provided to the defense, but the file is too big to upload.

The prosecution has since placed the evidence on a thumb drive and sent it to the defense.

On Dec. 20, 2019, officers from the Metropolitan Police Department responded to the sound of 11 gunshots coming from a wooded area known as Fort Mahan. While canvassing the area, officers found Galloway in an unconscious and unresponsive state, suffering from gunshot wounds to the body. She was pronounced dead the following day.

The next hearing is set for Dec. 16.