Defense Accuses Prosecution of Destroying Homicide Case Evidence

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On Feb. 28, DC Superior Court Judge Maribeth Raffinan denied a defense motion to dismiss indictment charges against a murder defendant, following an accusation the prosecution destroyed evidence in the case.

Daquan Gray, 22, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license, for his alleged involvement in the fatal shooting of 15-year-old Jaylyn Wheeler on May 16, 2018, at the 3000 block of Randall Place, SE.

Gray, who was 16-years-old at the time of the incident, allegedly shot Wheeler and was tried as an adult.

At the hearing, Judge Raffinan stated that the Department of Forensic Services (DFS) “improperly handled evidence” when taking DNA samples from the firearm and magazine used in the shooting, and that a stipulation by both parties about how the information is was warranted.

Judge Raffinan advised all parties to “jointly draft a jury instruction” and reach a agreed approach to present to the jury regarding the mishandling of DNA evidence in this case.

Gray’s defense attorney, Dana Page, claimed that the prosecution “destroyed” DNA evidence, and she would disclose that in her stipulation.

That prompted concern from the prosecution on whether the parties would be able to draft a stipulation together.

“I think it is going to be difficult to agree on the wording of a stipulation,” the prosecution said. “I’m not hopeful we will reach an agreement.”

Judge Raffinan said both parties should stay away from using strong or characterizing language in their stipulations.

“It is a legal instruction but I would stay away from describing behavior or characterizations about what happened,” the judge said.

The judge said she would step in if the parties could not agree.

“If parties cannot agree, it can be briefed and we can discuss it in court,” the judge said. “I’ll direct both parties to reach a stipulation.”

Parties are slated to return on June 12.

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