Technical Issue Prevents Defendant from DNA Testing

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On Oct. 19, a homicide defendant stated he wants to assert his rights to independently test DNA evidence but is unable to due to a shortage of essential materials used to test the evidence. 

Eric Maurice Smith, 24, is charged with first-degree murder while armed in a drive-by or random shooting, two counts of assault with intent to kill, and five counts of possession of a firearm during a crime of violence, among other charges, for his alleged involvement in the shooting death of Rondell Wills, 38, on the 200 block of 50th Street, NE on May 3, 2018.

According to court documents, witnesses stated Smith was the driver of the vehicle the shots were fired from. 

At the recent status hearing, the prosecution reported that two swabs taken from the shooters’ car were consistent with Smith’s DNA. Smith waived his right to test the rest of the evidence but declared his intent to retest the samples that prosecution had said allegedly matched him. 

However, Smith’s defense attorney, Anthony Matthews, said that Smith had been unable to test the samples because of a shortage of reagents in the testing agencies. Reagents are used in chemical analysis and are an essential component of DNA testing –thus no agency has been willing to test the samples.

If the defendant is still unable to test by Nov. 9, he will decline his right to testing and the case will continue without it. 

Parties are set to reconvene for a status hearing Feb. 13. 

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