The murder charges against Devonte “DJ” Amerson, for the 2015 death of Justin Gage, a TXST student, were dismissed without prejudice on Wednesday, April 30, less than two weeks from the scheduled trial date.
Dismissal without prejudice leaves open the possibility for future prosecution of Amerson in connection to Gage’s death. The dismissal in Amerson’s case comes more than a year and a half after his co-defendant, Cyrus Gray, had his charges dismissed.
According to Eric Martinez, executive director for Mano Amiga, a local group that has been advocating for Amerson, the charges were dismissed by the Hays County District Attorney’s Office.
“This was a case based on sheer coincidence and built on illegally obtained evidence. Nothing can replace what DJ lost over the last several years, but I am grateful that the government finally saw this case for what it was and let it go after Judge Boyer granted DJ’s fourth motion for speedy trial,” Chris Self, Amerson’s attorney said in a press release emailed to The Star.
Amerson and Gray were both arrested in 2018 in connection to the death of Gage. Amerson spent more than five years in the Hays County Jail before being released on bond in December 2023. Both men maintained their innocence throughout their time in jail and court hearings.
While the possibility of Amerson being recharged remains open, his legal team feels like they are in a good place if he is recharged in the future.
“Fortunately, the fact that we asserted DJ’s right to speedy trial means that we have a fighting chance to nip this charge in the bud and seek a dismissal if it ever comes back,” Brad Haggard, Chris Self’s co-counsel, said in the press release. “DJ was courageous and ready to fight the years long presumption of guilt.”
Amerson only had one thing to say after the dismissal.
“On the 2,674th day God did,” Amerson said in the press release.
In court hearings, it was made clear by the prosecution that Amerson and Gray were the only two suspects the San Marcos Police Department (SMPD) had for the case. The dismissal of Amerson’s case means there is no suspect currently charged for Gage’s murder. It remains unclear if SMPD will close the case or continue working on it.
Amerson and his supporters will hold a press conference outside the Hays County Government Center on Tuesday, May 6, at 11 a.m.
