A homicide defendant waived his right to conduct independent DNA testing of the prosecution’s evidence during a hearing on Nov. 1 before DC Superior Court Judge Rainey Brandt.
Irv Duff, 33, is charged with first-degree murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and obstruction of justice for his alleged involvement in the death of Darnell Gibson, 26, on Aug. 1, 2023, on the unit block of Forrester Street, SW.
According to court documents, Gibson was fatally shot while confronting a man who had knocked over his barbecue grill. The sounds of 23 gunshots were detected at the scene of the incident.
During the hearing, Duff’s lawyer, Kevann Gardner, alerted the court that Duff was waiving his right to conduct independent DNA testing of the prosecution’s evidence.
The prosecution told the court there are two swabs of evidence in this case, a swab from a grill lid and a swab from a grill handle.
Judge Brandt was satisfied that Duff understood his rights and made his decision freely and voluntarily.
Parties are set to reconvene on Dec. 4.
