Defense Pushes for Murder Dismissal Due to DNA Issues

By Hunter Krienke [former] - June 27, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

On June 27, a defense attorney argued that the prosecution’s mishandling of DNA evidence recovered from a murder weapon should result in charges being dismissed in a 2018 homicide case. 

Daquan Gray, 21, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 15-year-old Jaylyn Wheeler that occurred on May 11, 2018 near the 600 block of Alabama Avenue, SE. Wheeler was taken to a nearby hospital where he later died from his injuries.

In court, defense attorney Dana Page raised concerns about the results of DNA testing allegedly showing Gray’s and two other unidentified persons’ DNA on the firearm.

Page argued that “someone else’s DNA is on that pistol and that is exculpatory evidence.”

She noted the DC Department of Forensic Sciences’ (DFS) crime lab has lost its accreditation and allegedly mishandled the firearm in this case so it can’t be tested further.

In particular, the defense mentioned there were problems with shipping, storage and keeping the evidence at the proper temperature.

The prosecutor rebutted the claims saying that the defense can still use the evidence collected for analysis. However, Page claimed that because they are unable to collect their own samples, charges should be dismissed or DNA should be excluded from the trial.

Following the arguments a separate motion to allow Gray to attend his significant other’s baby shower was allowed as long as he continuously followed his home confinement terms.

A spokesperson for pretrial services said that Gray has been compliant with his confinement terms and agreed with the request.

DC Superior Court Judge Maribeth Raffinan is set to make a ruling on the motion on Aug. 28.