Homicide Victim's DNA Could Not Be Excluded From DNA On Suspect's Shoe

FAIRFAX CITY, VA — Forensic analysis of evidence submitted by City of Fairfax Police determined that the DNA of homicide victim Luis Barhona Reyes could not be excluded from the DNA mixture made from blood found on suspect Aaron James Anthony Robertson's right shoe, according to forensic reports obtained by Patch.

Robertson has been held without bond in the Fairfax County Adult Detention Center since police arrested him on July 6 in the blunt-force trauma death of Reyes. Police found the body of the 50-year-old Fairfax City resident on June 10, inside a dumpster in a strip mall at 9715 Fairfax Blvd.

With the help of county police, the City of Fairfax Police took Robertson into custody on July 6 at the Five Below retail store, where he had worked for 1 month earning $12 an hour, according to court documents. He was then taken to the detention center and charged with second degree murder.

In the bail determination document from Robertson's July 7 arraignment, Magistrate Jesse Mitchell included the following details about the case:

"The arresting detective provided some limited information about the background of the case. The victim was found with a crushed skill, multiple stab wounds, and neck trauma. Accused had blood on his shoes and clothing that matched victim's DNA and was found on video going back to the scene several times."

Prior to Robertson's arrest in July, detectives had submitted evidence to the Virginia Department of Forensic Science for testing, according to a July 3 certificate of analysis. The evidence included DNA samples from both Reyes and Robertson, as well as items of clothing and other materials gathered at the crime scene.

The lab tested and confirmed that there was blood on Robertson's right shoe.

"A DNA mixture profile was developed from a sample of this portion of staining," the forensic report said. "Aaron Robertson is eliminated as a major contributor; however, Luis Barahona Reyes cannot be eliminated as a major contributor to this DNA mixture."

The report went on to say that the "probability of randomly selecting an unrelated individual with a DNA profile matching the major profile ... is 1 in greater than 7.2 billion (which is approximately the world population) in Caucasian, African American, and Hispanic population."

However, the lab was unable to develop a minor DNA profile from the shoe for comparison. No other analysis was conducted on Robertson's right shoe.

Blood was also found on the Reyes' cellphone case, but the lab was unable to develop a viable sample to compare to the Virginia DNA Data Bank or to submit to the National DNA Bank.

Related: Fairfax City Homicide Suspect Already Faced 2 Assault Charges: Court

The forensic science lab reported on Aug. 1 that it had tested blood found in fingernail clippings from Reyes' left hand and discovered a DNA profile that was different from Reyes.

"Aaron Robertson cannot be eliminated as a contributor of this DNA profile," the Aug. 1 report said, citing the same 1 to 7.2 billion probability used in the blood found on Robertson's shoe.

"The DNA profile different from Luis Barahona Reyes will be submitted to the Virginia and National DNA Data Banks," the Aug. 1 report said.

Related: 2nd Degree Murder Charge Filed In Death Of Fairfax City Man On June 10

The DFS also examined, chemically processed, and viewed under alternate light sources, two gate parts and the cellphone case but was unable to find fingerprints that were suitable for capture or further analysis, according to an Aug. 7 report.

At the July 7 arraignment, Mitchell ordered Robertson be held without bail, referencing his prior criminal record, including armed robbery, assault with intent to commit robbery, assault with serious bodily injury, probation violation, protective order violation, trespassing, two counts of marijuana possession, disorderly conduct , assault, and domestic assault, according to bail determination document.

"Accused emphasizes that he is on SRP [Supervised Release Program] for assaulting police and has a steady job, and was arrested at work today and is trying to stay out of trouble. He says he met with pretrial this morning. Based on the nature of the charge, the liberty of the accused constitutes an unreasonable danger to the public. Nothing the accused told me negates the public danger."

In the bail determination document, Mitchell did note that Robertson had not been convicted of any of the previous charges against him and was not then on parole.

Robertson is scheduled to appear on Monday afternoon in Fairfax General District Court for his preliminary hearing. The original hearing date was scheduled for July 18, but it was pushed back to Sept. 18, at 2 p.m.