Judge Denies Defense’s Motion to Invalidate Search Warrant

By D.C. Witness Staff - June 27, 2019
Court | Daily Stories | Homicides | Suspects |

A DC Superior Court judge decided June 27 to deny the defense’s motion to invalidate a search warrant obtained by the prosecution. The warrant would allow the prosecution to take a sample of the defendant’s DNA. 

Tyree Irving, 22, is charged with first-degree murder while armed (premeditated) for allegedly shooting 22-year-old Davane Williams on Jan. 15 on the 1200 block of North Capitol Street, NW. 

Judge Danya Dayson denied the motion on the basis that reasonable inferences could be drawn about whether the physical evidence obtained by the prosecution could be used to compare to Irving’s DNA. Judge Dayson said her decision held DC Superior Court Judge Milton Lee’s ruling of probable cause into consideration. 

Irving’s defense attorney, John Fowler, filed a motion to invalidate the warrant on June 25 on the basis that there was no probable cause to justify taking a sample of DNA.  He said there is no comparative DNA, no statements about the likelihood of the presence of DNA and that it was unclear what the prosecution would be comparing the DNA sample to. 

Per Fowler’s request, Judge Dayson ordered that the prosecution only test Irving’s DNA after processing swabs of existing physical evidence. He said he made the request to preserve Irving’s right to privacy.

Fowler also said it wasn’t clear whether the existing physical evidence, which was a hoodie, even belonged to Irving. Fowler said there were more than seven people in the residence at the time of the search.

However, the prosecution argued that there just needs to be a “reasonable inference” that can be made about whether the physical evidence could contain DNA. They said there is no explicit rule about what type of connection has to be made. 

Although Judge Dayson denied the motion to “quash” the warrant, she told counsel that the likelihood of DNA on the hoodie almost undermined the probable cause ruling. 

Irving is scheduled for a felony status conference on Aug. 1.