A judge denied a motion to dismiss DeVonte “DJ” Amerson’s capital murder charges in connection to the 2015 death of Texas State student Justin Gage.
Judge Bruce Boyer, 22nd Judicial District Judge, ruled against a dismissal on Monday, Jan. 13. Amerson’s codefendant, Cyrus Gray, had his charges dismissed in 2023.
“This case has persisted for nearly seven years without credible evidence linking DJ to the tragedy. There’s no weapon, no motive, and no credible link to DJ,” David Sergi, Amerson’s attorney, wrote in a press release emailed to The Star. “Justice for everyone involved means acknowledging the facts and dismissing this case once and for all.”
The defense’s argument in favor of dismissal hinged on evidence that was lost in the custody of the San Marcos Police Department (SMPD). Sergi called the prosecution’s handling of the case an “unfunny comedy of errors.”
While Boyer acknowledged that some evidence was missing, he said SMPD’s mishandling of the evidence did not meet the legal requirement to dismiss. According to Boyer, SMPD would have to destroy evidence specifically to damage the defense’s case for it to require a dismissal.
Sergi said the next action the defense would take is to file another motion to dismiss, this time for Amerson’s right to a speedy trial being violated. If the motion succeeds, the charge would be dismissed, if ruled against, Sergi said the next step would be a jury trial.
“We’re going to point out each and every time that we’ve been ready for trial,” Sergi said. “This has been over six years. It’s time to give justice to DJ and at the end of the day, to give justice to Mr. Gage.”
According to the defense, the only evidence tying Amerson to the crime is cell phone data showing him in the area. According to the prosecution during the hearing, there was DNA found at the crime scene, but it had not come back with a match yet.
“I’ve been fighting for my freedom for almost seven years. I didn’t do this, and the evidence shows that,” Amerson said. “All I want is the chance to live my life without these false accusations hanging over me. It’s time for this to end.”
The next hearing in Amerson’s case is scheduled for 1:30 p.m. on Wednesday, Jan. 29 in courtroom #7 at the Hays County Government Center.
