Homicide Defendant Waives Right to Independent DNA Testing, Release Pending

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A homicide defendant waived his right to conduct independent DNA testing, and filed a motion that would allow him to leave the District on a family trip before DC Superior Court Judge Maribeth Raffinan on Sept. 6.

Desmond Gaskin, 38, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, tampering with physical evidence, first-degree theft, and destruction of property less than $1000. The charges stem from his alleged involvement in the fatal shooting of 40-year-old William Whittington Jr. on July 19, 2022 on the 400 block of Burbank Street, NE.

The prosecution said they conducted the first round of DNA tests on fingernail clippings taken from Whittington. A single genetic profile was recovered and linked to the victim. A second round of testing on samples taken from the laundry room in the apartment building where the incident occurred was inconclusive.

Gaskin alerted the court of his intent to waive his right to independently test DNA evidence.

Jason Tulley, Gaskin’s attorney, also addressed a motion that he filed on Sept. 5 requesting that Gaskin be granted permission to travel to Georgia in November. He is currently released on personal recognizance with 24-hour GPS monitoring, which prohibits his leaving the jurisdiction without permission.

Tulley argued that Gaskin now has two jobs and deserves a break to recharge. He also said Gaskin was in the “horrible conditions” of the DC Jail before his release and has no intention of going back.

The prosecution is set to file their response to the defense’s request in writing by Sept. 20.

Parties are slated to reconvene Oct. 1.