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By
D.C. Witness Staff
- June 26, 2019
Court
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Homicides
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During a motions hearing on June 26, counsel argued over a motion that was filed by the defense to “quash”, or invalidate, a search warrant.
Tyree Irving, 22, is charged with first-degree murder while armed (premeditated) for allegedly shooting 22-year-old Davane Williams on Jan. 15 on the 1200 block of North Capitol Street, NW.
The search warrant in question would allow the prosecution to take a sample of Irving’s DNA.
Irving’s defense attorney, John Fowler, filed a motion to quash the search warrant on June 25.
Fowler said there was a lack of probable cause for the search warrant . He said the prosecution has not indicated that any biological material was recovered from physical evidence, which is what would be used to compare to Irving’s DNA.
Fowler also said obtaining Irving’s DNA would be a violation of his privacy.
However, the prosecutor argued that many of the cases Fowler used to support his argument were not applicable since there were different circumstances in those particular cases.
The prosecutor also said Fowler had no authority for a motion to quash. He said DC Superior Court Judge Milton Lee found March 12 probable cause, arguing that there was no precedent that the current judge, DC Superior Court Judge Danya Dayson, should have to review Judge Lee’s findings.
Judge Dayson didn’t rule on the motion because she said she needed time to think about her decision. She said that neither side had persuaded her to decide either way.
The motions hearing is scheduled to continue on June 27.
Even though Judge Dayson said she is not likely to make a ruling at that time, she wants to hear counsel’s arguments about probable cause. However, she noted that by the time she makes her ruling, the prosecution’s warrant might be stale.
According to court documents, officers of the Metropolitan Police Department found Williams lying unconscious on the sidewalk, suffering from multiple gunshot wounds.