DNA Test Results in Dismissal of Gun Charge Against Felon

Rochester, MN (KROC-AM News)- A DNA test has led to the dismissal of a Rochester gun case. 

See Also: Rochester Man Accused of Selling Cocaine to Informant 

40-year-old Derrick Nicholson Jr. was charged with felon in possession of a firearm earlier this year. 

The Rochester man was arrested after a traffic stop conducted by the Southeast Minnesota Violent Crime Enforcement Team as part of an ongoing drug investigation. 

The stop happened in January.

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The criminal complaint says a k9 alerted officers to the presence of narcotics during the traffic stop. Investigators found $6,390 on Nicholson Jr. but no drugs. 

A subsequent search of Nicholson Jr.’s home led to the discovery of a Palmetto State Armory AR15 with a loaded magazine, a plastic pistol lower and a box containing 300 rounds of live ammunition, the court document says. 

Court records indicate Nicholson Jr. was previously convicted of manufacturing/delivering 15-100 grams of heroin in Illinois, a crime that prohibits him from possessing a firearm. 

DNA Test Cited as Cause for Rochester Gun Case Dismissal

A dismissal motion, filed by the Olmsted County Attorney’s Office on Friday,  indicates a DNA sample found on the firearm did not match a sample provided by Nicholson Jr. 

The test resulted in, “insufficient evidence for the State to prove its case beyond a reasonable doubt,” the motion says.