BROOKLYN, N.Y. — A preliminary lab report revealed that the only discernible DNA evidence recovered from a firearm belonged to a man, even though a cisgender woman is accused of possessing the weapon, prompting the defense Monday to seek dismissal of the case in Kings County Criminal Court.
The accused was in a vehicle with three other passengers, all men, according to the stand-in defense attorney, when she was charged in November 2025 with criminal possession of a loaded firearm, criminal possession of an ammunition feeding device, criminal possession of a firearm and criminal possession of a weapon.
The attorney, standing in for Defense Attorney Aisha Wright on Monday, said the preliminary DNA report revealed there was only one discernible DNA sample on the weapon, which, according to the report, belonged to a man.
Her client is a cisgender woman.
She requested that the case be dismissed, arguing the DNA biologically could not belong to the accused and that all other DNA recovered from the weapon was indiscernible, according to the lab’s preliminary report.
The prosecution was unwilling to dismiss the case and insisted on waiting for the remainder of the report to be released before determining the next steps.
Judge Juan Abreu asked whether the accused’s attorney planned to submit a motion to compel the release of the report. Although she is not the accused’s usual attorney, she said a motion would be filed. She remained adamant, however, that the case should be dismissed without a motion because the evidence was insufficient.
Judge Abreu then asked whether she had spoken to the assistant district attorney assigned to the case. The assigned prosecutor reportedly had said she was too busy to discuss the specifics of the case and would call the accused’s attorney back at a later time.
Judge Abreu said he wanted the motion filed within the next week, but Defense Attorney Wright’s stand-in said that would not be possible because she wanted her colleague to be fully informed before making a decision and would need at least two weeks. She added that if Judge Abreu wanted a quicker turnaround, she was willing to take over the case from Defense Attorney Wright.
Judge Abreu agreed that the following week would not provide sufficient time and left the decision of whether to transfer the case to Defense Attorney Wright and her stand-in. He said he expects a response by July 13.
The accused was not given a date to return to court.
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