SAN MARCOS — The courtroom was packed with supporters for 31-year-old DeVonte Amerson on Aug. 29, as he and his attorney prepared to motion for dismissal, but after discussions with the state prosecutor and judge, the defendant was granted a separate dismissal hearing to be held on Sept. 23.
DeVonte was arrested on a capital murder charge in 2018 for the murder of 20-year-old Justin Gage, which occurred in December 2015. His childhood friend, Cyrus Gray, was also arrested, but was given a dismissal in July 2023, following a similar fight against the justice system.
After serving nearly six years in prison, DeVonte was released on bond in November 2023. Since then, DeVonte has enrolled into barber school, is working in real estate and is continuing his creative endeavors, while awaiting justice, stated a news release from Mano Amiga.
According to attorney David Sergi, the new dismissal hearing will allow for four hours to present evidence, including the reason for both a case dismissal and the state's prejudice. By showing the state's prejudice, Sergi hopes to obtain not only a dismissal for DeVonte, but a dismissal with prejudice.
Gray's case was dismissed without prejudice, which means that the case is essentially on a permanent hold and could be brought back at any time.
“We have the benefit of [Gray’s] trial, which helps us show prejudice … because they said one thing to the grand jury; they said something else at trial,” said Sergi.
DeVonte's mom, Chelesta Amerson, voiced her concern over the possibility of a without prejudice dismissal, citing that it seems that her son’s case is going to play out similarly to Gray’s.
“My honest feeling is that if we get a without prejudice [dismissal], that’s a win,” said Sergi. “If we get a with prejudice [dismissal], that’s a huge victory.
See AMERSON, Page 3 But you got to take what you can get.”
Counsel is also attempting to bring witnesses to the stand, as well as retrieve the body cam footage, said Sergi, which has, in the six years since DeVonte’s arrest, never been seen by the defense attorneys.
“We know that one of their drives failed.
Now, they’ve said to us that that’s only their internal work drives; it’s not their actual evidentiary drives, but the problem is, we don’t know.”
Sergi will also be requesting to remove DeVonte’s ankle monitor at the Sept. 23 hearing.
“We are so confident in our case. DeVonte has never, ever wavered from innocence,” concluded Sergi.
