Judge Delays Ruling on Motion to Introduce ‘Touch’ DNA Evidence 

By Ella Munnelly - October 21, 2024
Daily Stories | Non-Fatal Shooting |

DC Superior Court Judge Robert Okun delayed ruling on a prosecution motion prosecution to obtain DNA analysis from a specific kind of physical evidence in a case on Oct. 21. 

Carlos Shelley, 29, is charged with two counts of assault with intent to kill while armed, five counts of possession of a firearm during a crime of violence, assault with intent to kill while armed against a minor, assault with a dangerous weapon, unlawful possession of a firearm, first-degree burglary, threat to kidnap or injure a person, and second-degree cruelty to children with a grave risk while armed for his alleged involvement in a shooting that took place on Nov. 9, 2023, at the 1800 block of Irving Street, NE.

During the hearing, the prosecution alerted the court that there was a rifle clip found while executing a search warrant on the defendant’s room, and it is consistent with the gun used in the case. Prosecution believes that there is usable DNA present and they wish to perform an analysis on the clip. 

Shelley’s defense attorney, Christen Philips, noted that there is no DNA left behind by bodily fluids, like blood or sweat, which provides a much more clear analysis. The DNA that would be found would be so-called “touch DNA”, which would only indicate that Shelley made contact with the clip at some point, and not that he used it to commit a crime. 

Judge Okun will take arguments from both parties under advisement, and will make a ruling when they reconvene. 

Parties are slated to return on Nov. 15.