Donte Graves rejected an informal plea offer from prosecutors Friday which would have guaranteed a sentence of less than 24 years in prison.
Graves would have had to plead guilty to second-degree murder in connection with the shooting death of 22-year-old Tyrone Joyner. In return, prosecutors wouldn’t indict Graves on two separate robbery charges, Assistant U.S. Attorney Michael Leibman said.
Graves, 19, is suspected of shooting Joyner near Nationals Park on February 24. Metropolitan Police Detective Michael Fulton testified at a prior preliminary hearing that a witness reported that Graves shot Joyner while attempting to rob him of his coat.
Police found Joyner in the 1400 block of Canal Street Southwest suffering from a gunshot wound to the abdomen; he later died at Howard University Hospital.
Prosecutors filed a motion last month requesting that Graves be ordered to submit a sample of his DNA, but Leibman said Friday that the government has not yet processed a cigarette butt and ski mask found on scene in order to compare it to Graves.
Liyah Brown, Graves’ defense attorney, argued that her client should not be forced to provide a sample of his DNA until prosecutors show that they have a sample from the scene that can be used as a comparison.
“Until the government says it has DNA from items the government has retrieved, I don’t think a DNA test should be allowed,” Brown said.
Judge Russell Canan deferred his ruling on whether to compel Graves to submit to DNA testing until after he receives “guidance from the Supreme Court.”
Leibman said that the government is ready to move forward with an indictment even though they have not yet tested for DNA. Prosecutors expect a grand jury to indict Graves on a charge of second-degree murder and related weapons offenses, Leibman said.
Canan scheduled a felony status conference for July 12.
