FRESNO, Calif (KFSN) -- Fresno police used DNA evidence last week to solve a murder mystery in the Tower District. This week, they wouldn't be allowed to solve the same crime in the same fashion.
Davin Rodriguez was in and out of jail around Thanksgiving while police tried to connect him to blood found at the murder scene. His DNA wasn't in police databases at the time, and if he was arrested this week, it still might not be.
By the time Davin Rodriguez walked out of jail and ran away from an Action News camera, police had what they needed to tie him to the murder of Jerald Riley.
"This new evidence is very substantial, no question about it," said ABC30 legal analyst Tony Capozzi.
Investigators believe the killer fought with riley before stabbing him to death. And some of the blood at the scene wasn't Riley's. But the DNA in that blood wasn't a match for anyone in police databases. That is, until they arrested Davin Rodriguez.
"Under Prop 69, the police can take a DNA sample of anybody arrested for a felony."
After arresting Rodriguez, Fresno police got his DNA and sent it off for comparison. While they waited, Rodriguez walked out of jail. And on the same day they matched his DNA to evidence at the scene, a California appeals court ruled police can no longer take DNA samples from suspects who have only been arrested for a felony. Capozzi says there may be an argument over whether the new ruling should affect Rodriguez's case.
"He's in a limbo right now," Capozzi said. "Technically, it was legal when it was taken; improper, unconstitutional now."
The 23-year-old entered a not guilty plea Wednesday. His victim's family members and friends watched closely, hoping justice will come for a beloved brother and uncle now only seen in an urn.
"I'm on an emotional roller coaster," Christine Riley. "It's a bit overwhelming, you know, to see him standing there and my little brother's not here no more."
Riley's family says seeing Rodriguez get out of jail once was a big enough emotional blow, any problems with DNA evidence would put them through the ringer once again. Rodriguez is due back in court later this month.