Motion for Dismissal Continues as DNA Evidence is Re-Evaluated

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On June 13, DC Superior Court Judge Maribeth Raffinan heard arguments from defense attorneys to dismiss a defendant’s charges.

Daquan Gray, 21, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 15-year-old Jaylyn Wheeler that took place on May 11, 2018 on the 600 block of Alabama Avenue, SE. Wheeler succumbed to his injuries at a local hospital.

On May 12, Dana Page, defense attorney for Gray, filed a motion to dismiss all charges due to alleged mishandling of DNA evidence by the DC Department of Forensic Sciences (DFS). According to court documents, DFS lost its accreditation in 2021 for inaccuracies in DNA evidence analysis.

Evidence was subsequently sent to the Bode Technology Group lab to do other DNA testing. According to Bode, the evidence they received was not properly sealed when it arrived. The DNA evidence allegedly implicated Gray.

The prosecution brought forth two witnesses, a former evidence technologist from Bode Technology group and a forensic DNA private consultant. 

The evidence technologist testified that the evidence tape received from DFS was not properly placed around the seal of the cooler and that the evidence was “not fully cold,” which left room for degradation of the samples to occur.

The forensic DNA private consultant was asked to compare and contrast the results of the reports from DFS and Bode Technology Group, and share her findings with the court. 

She testified that she generally agreed with both reports, and stated that Gray’s DNA was the major contributor to the three DNA samples found on the gun used. She also spoke of the degradation of the sample that likely took place due to the improper handling and packaging of it, stating that degradation was extremely likely to happen unless it was held in a -80℃ environment, which was not the case.

Due to scheduling conflicts, motions will resume June 27. 

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