Introduction to the Case
Days before a D.C. murder trial was to begin, prosecutors decided the evidence they had against the defendant — who was in custody for more than five years — was not good enough, and the victim’s family still wants an explanation.
Background of the Murder
When John Pernell was shot to death on Nelson Place SE in July 2010, witnesses told police the retired protective service officer fought with one of four men trying to rob him and others. Pernell and his friends were setting up their barbeques for a traditional Fourth of July get together when the men jumped a fence and announced a robbery.
The Investigation and Arrest
The investigation went nowhere until 2019, when a witness told police they should look at a man named Kavon Young.
According to a document filed in D.C. Superior Court, police said DNA discovered under Pernell’s fingernails matches the DNA profile of Young. The probability the DNA did not belong to Young was one in 3.4 billion in the United States African American population.
Dismissal of the Case
But that DNA evidence — presented in court as a match in 2019 — suddenly became a mismatch two days before trial. Prosecutors at the U.S. attorney’s office, the defense attorneys and the private lab that did the original testing will not say why.
Reaction from the Victim’s Family
“It’s shameful. We have a right to know what happened,” said Pernell’s daughter, Yolanda Pernell-Vogelson. Two days before the trial was set to begin, Pernell-Vogelson and her sister, Ayana Pernell, say they got a call from Michael Spence, the prosecutor in the case, who told them the initial calculations were wrong.
Explanation and Aftermath
“To this day, have not been given a full, understandable explanation as to why this has happened,” Ayana Pernell said. “I mean, we are essentially victims, also.” Court records show the private lab that did the testing, Bode Technology Group Inc., lost the evidence and it cannot be retested. The judge told the prosecution and defense that at trial, the jury would be told “the government’s labs and/or agencies negligently lost the DNA extract in this case” just before the trial was set to begin.
Official Response and Next Steps
In an April 9 filing, prosecutors noted again the DNA “matched the defendant” “as reported by Bode Technology” — a result prosecutors relied upon for five-and-a-half years until deciding two days before trial it was unreliable. Bode Technology group declined to comment. Pernell’s daughters said they wrote letters to all lawmakers in the city.
Conclusion
The case of John Pernell’s murder has been dismissed due to the loss of crucial DNA evidence, leaving the victim’s family seeking answers and justice. The city’s officials have offered condolences and are investigating the matter to ensure assistance and justice. Young was released in April, and the attorneys who represented him could not be reached for comment. Washington Deputy Mayor for Public Safety Lindsey Appiah said, "We extend our condolences to Mr. Pernell’s family and friends, including his daughters. I’ve contacted them regarding his case, and we are investigating the matter to see if there is anything additional the District can do to be of assistance to ensure justice.”
FAQs
- Q: What was the nature of the case?
A: The case involved the murder of John Pernell, a retired protective service officer, who was shot during a robbery attempt on July 4, 2010. - Q: Who was the defendant in the case?
A: The defendant was Kavon Young, whose DNA was initially matched to evidence found under the victim’s fingernails. - Q: Why was the case dismissed?
A: The case was dismissed because the DNA evidence, which was crucial to the prosecution, was lost by the private lab that conducted the testing, Bode Technology Group Inc., and could not be retested. - Q: What is the current status of the defendant?
A: The defendant, Kavon Young, was released in April after the case was dismissed. - Q: What actions are being taken by the city’s officials?
A: The city’s officials, including Washington Deputy Mayor for Public Safety Lindsey Appiah, have offered condolences to the victim’s family and are investigating the matter to ensure justice and provide any necessary assistance.
