DC Superior Court Judge Jason Park denied a motion to suppress a mouth swab used to obtain a defendant’s DNA on Nov. 10.
Samuel Mack, 59, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business in connection with his alleged involvement in the fatal shooting of 35-year-old Erica Ward on Dec. 30, 2020, on the 4700 Block of Benning Rd, SE.
A search warrant for DNA testing was executed, and the defense attorney, Joseph Yarbough, stated that they intended to question that warrant.
Prior to the ruling, the prosecution emailed the court inquiring about potentially testing the recovered firearm for DNA.
The defense argued against further testing, stating that there was sufficient evidence to identify and arrest the defendant, prompting their motion to deny the prosecutor’s request for buccal or mouth swab testing to get a sample for DNA analysis.
The court denied the defense’s motion to suppress the swab, since the probe complied with lawful procedures and did not violate the defendant’s Fourth Amendment rights against unreasonable search and seizures.
The trial has been continued to 2026.
Parties are slated to reconvene on Feb. 13, 2026.
