Homicide Defendant Waives Right to Independently Test DNA Evidence

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On Dec. 1, a homicide defendant waived his rights to independently test DNA evidence recovered from the crime scene in a hearing before DC Superior Court Judge Robert Okun.

Gary Rush, 41, is charged with second-degree murder for his alleged involvement in a fatal vehicle collision, which caused the death of Keena Dowtin on Sept. 20, 2020, near Fort Dupont Drive and Fort Davis Drive, SE.

According to court documents, when responding officers from the Metropolitan Police Department (MPD) arrived they located Rush lying face down, but conscious, in a wooded area. He “complained of injuries consistent with having been in a motor vehicle collision.” Rush told MPD officers the vehicle was further up in the woods and his passenger was dead. Dowtin was pronounced dead at the scene.

During the hearing, prosecutors alerted Judge Okun they have not conducted any DNA testing on evidence recovered from the scene. According to prosecutors, they have access to the vehicle, phones, the autopsy, blood recovered from the vehicle, and personal items which were returned to Rush and Dowtin’s family.

Rush’s defense attorney, Madalyn Harvey, alerted the court they were not planning on testing any evidence.

Harvey also requested Rush’s release conditions be modified, stating he struggles with his monthly in-person check-in because it interferes with his work schedule.

According to a representative from the Pretrial Services Agency (PSA), Rush continues to be compliant with his release conditions.

Parties are expected back Aug. 23, 2024.

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