The Kansas Supreme Court has overturned the conviction of a man accused of killing a pregnant woman in Olathe in 2018.
On June 27, the Kansas State Supreme vacated the conviction of Devonte Wash, 33, who was found guilty and sentenced to life in prison without parole for capital murder on June 24, 2022, in Johnson County District Court.
Wash was charged with the crime in the Jan. 30, 2018, death of Ashley Harlan, 23, and her unborn child, after she was shot to death in her grandfather’s Olathe townhome.
In the Kansas Supreme Court’s decision, justices cited “multiple prosecutorial errors” including the prosecution discussing evidence that was excluded from the trial and referring to disputed evidence as undisputed during closing arguments.
“This was an aggressive prosecution that made mistakes while walking a very fine line set by the district court,” Kansas Supreme Court Justice Dan Biles wrote in his opinion.
Harlan was killed in 2018
About 4 p.m. on Jan. 30, 2018, Wash called 911 to report he found Harlan shot and bleeding from her face at her grandfather’s Olathe townhome, according to State Supreme Court documents.
When police arrived, they found Harlan’s body lying near the doorway with blood around her face, but no signs of a disturbance or forced entry.
“A torn, plastic baggie was clenched in her hand, with the top portion still intact, while the bottom half appeared to have been taken,” Supreme Court documents stated.
Outside of the townhome, a detective spoke with Wash and asked him to come with him to the police station. He agreed and while at the station, was cooperative and allowed investigators to download data from his cell phone, voluntarily removed his clothes for inspection, and permitted a body exam, according to Supreme Court documents.
Wash’s last contact with Harlan was at about 6:15 p.m. on Jan. 29, 2018, when they texted each other “I love you” while he was at his home, he said, according to state Supreme Court documents. The next day, he stopped by Harlan’s grandfather’s residence, where she was living, according to KMBC, and discovered her body.
Olathe Police arrested Wash in April 2018 when he did not try to reconcile discrepancies a detective discovered among the evidence gathered, including shell casings discovered at the home of a longtime friend of Wash’s and the crime scene, and earlier statements he made, according to court documents.
Harlan moved to Olathe to live with her grandfather
Harlan moved from Manhattan, Kansas, to Olathe to live with her grandfather in preparation for the birth of her child and to be closer to her boyfriend, the child’s father, according to KMBC.
KMBC reported at the time that she was 21 weeks along and that Wash was going to be the child’s father.
Previously, Harlan had attended The Homestead Ministry, a transitional care program for women exiting sex trafficking.
“She graduated from our program. She also served as a house manager for about six months, and she was a dear, dear friend, to many of us,” a representative for The Homestead Ministry said in a message to the Johnson County Post.Â
After Wash’s conviction was announced, the program celebrated on social media.
“Justice was served today in Olathe, Kansas, on behalf of our sweet Homestead graduate, Ashley Harlan and her unborn baby boy,” The Homestead Ministry posted.
Prosecutor made errors during trial
In the state Supreme Court’s opinion, justices found that the prosecution made errors or misconduct in the case that they believe prejudiced the jury.
The judges cited “multiple prosecutorial errors, including some the State begrudgingly concedes were not harmless, given the limited circumstantial evidence against him.
“We agree with Wash, reverse his conviction, and remand the case to the district court for further proceedings,” they stated.
The opinion lays out the “State’s fatal missteps” in the case, stating that they fell into two categories: the discussion of an excluded ballistics report in front of the jury, and the prosecutor asserting everyone “knew” evidence disputed by the defense was undisputed — a practice condemned by courts.
“The State failed to uphold its responsibility in safeguarding Wash’s right to a fair trial,” the judges stated.
Wash appealed his conviction, and his legal representative, Laura Stratton of Capital Appeals and Conflicts Office, argued his case before the state Supreme Court last month.
Since July 2022, Wash has been serving his sentence at the Lansing Correctional Facility in Lansing, Kansas, according to the Kansas Adult Supervised Population Electronic Repository. It is unclear if his conviction being overturned releases him from his prison sentence.
Stratton has not returned the Post’s multiple calls and emails requesting comment on the case.
The Johnson County Prosecutor’s Office said that because the case is still pending, that it would not comment on it.
A representative for The Homestead Ministry said they were disappointed with the court’s decision.
“We are all very disturbed and upset about this verdict on technicalities,” they said.
What’s next
The case will be remanded to Johnson County District Court, where it could be retried.
