The state’s highest court overturned a decision by a Monongalia County Circuit Court judge to suppress the use of a DNA sample in a sexual assault case.
In Tuesday’s decision, Justice Elizabeth Walker wrote for the majority that Judge Phillip Gaujot’s ruling was a “clear legal error.”
Justice William Wooten dissented. He wrote, the state “utterly failed to establish that the circuit court’s suppression of the DNA evidence is a death knell for its case.”
Cesar Felix was working at Casa di Amici May 14, 2016 – the same night a woman reported she was sexually assaulted after leaving the restaurant. When Morgantown police wanted to interview Felix, whose primary language is Spanish, he went to the station voluntarily and took a close family friend as an interpreter. He denied involvement in the crime and consented to giving a DNA sample. His DNA linked him to the crime and he was indicted on two counts of sexual assault.
Gaujot did not have a comment on the supreme court’s ruling.
Defense attorney Matthew Brock, who successfully argued to suppress the evidence in a July hearing on the matter, said he disagrees with the ruling but he respects it.
“I thought that the specific facts of this case would give rise to a favorable ruling for Mr. Felix,” he told The Dominion Post. “I still don’t believe that Mr. Felix understood that he was waiving his right to not have his body searched without a search warrant and that’s in regard to the DNA swabs. I believe the translator, who was supposed to be a family friend, acted against Mr. Felix’s interest.”
Brock said he does not believe there is a reasonable basis to file an appeal in federal court.
Monongalia County Prosecutor Perri DeChristopher, said “Assistant Prosecutor Stephen Fitz has been and will continue to work very hard on that case.” She declined to comment further because the case is active.
Since the July 2020 ruling it has essentially been on hold.
Brock said Felix has been in jail for 14 months and would like some finality.
“He’s basically in limbo,” Brock said. “He’s not sure exactly what’s going to happen.”
Felix’s immigration status is also in question. Brock said he couldn’t confirm what Felix’s residency or immigration status was or was not but he has not been contacted by any federal agencies about him.
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