Kansas man’s murder conviction reversed in 2018 shooting of pregnant girlfriend
The Kansas Supreme Court on Friday reversed a 33-year-old man’s capital murder conviction in the 2018 killing of his pregnant girlfriend in Olathe.
The court determined that prosecutors with the Johnson County District Attorney’s Office made procedural errors during the trial that undermined the jury’s ability to reach an impartial verdict.
Devonte Wash, of Kansas City, Kan., was sentenced in 2022 to life in prison without the possibility of parole after being convicted in the fatal shooting of Ashley Harlan on Jan. 29, 2018, the same day she was supposed to learn the sex of their unborn baby.
In the written ruling authored by Justice Dan Biles, the high court cast doubt on key aspects of the case against Wash, citing cell phone GPS data that indicates he was in KCK minutes before investigators believe Harlan was killed inside an Olathe townhouse.
Biles noted repeated missteps by the prosecution during the three-week trial.
The case was argued by Assistant District Attorney Jacob Gontesky. District Attorney Stephen Howe and Kansas Attorney General Kris Kobach joined Gontesky in court filings.
“The State’s fatal missteps fall into two categories. First, the prosecutor repeatedly discussed firearm ballistics evidence in front of the jury, even though that evidence was excluded by the district court’s order in limine,” Biles wrote.
“Second, during closing arguments, the prosecutor asserted everyone ‘knew’ evidence disputed by the defendant was undisputed — a practice we have condemned.”
A spokesperson for the Johnson County District Attorney’s Office did not immediately respond to a request for comment Friday afternoon. Neither did a spokesperson for the Attorney General’s office.
The Supreme Court reversed Wash’s conviction and remanded the case back to Johnson County District Court.
Disputing key details
Prosecutors initially sought the death penalty for Wash in the death of 23-year-old Harlan, who was roughly 20 weeks pregnant when she was killed with a Sig brand 9-millimeter gun.
“The prosecution argued this matched the ammunition used by a gun Wash bought in December 2017,” Biles wrote. “But that gun model was the highest selling firearm that Christmas, and the ammunition was popular and often recommended.”
Police inferred Harlan died around 9:11 p.m. on Jan. 29, using data extracted from her phone that showed no movement after that time.
Four minutes before investigators believe Harlan was killed, her phone made an outgoing call to Wash that went to voicemail.
“GPS data shows his phone was in Kansas City, Kansas, at that time,” Biles wrote. “These events suggest Wash was not present for the crime — if he was there, why would she call him?”
Wash called 911 to report finding Harlan’s body the next day after entering the townhouse with his young daughter. Biles notes that police found no traces of iron on Wash’s hands, despite blood stains indicating that someone moved Harlan’s body.
In a concurring opinion, Justice Caleb Stegall criticized the majority opinion’s characterization of prosecutors’ overreach.
“I concur with the result because I agree the State failed to prove beyond a reasonable doubt that the identified prosecutorial errors were harmless. But I cannot join the majority opinion due to the unnecessary and unjustified excessive rhetoric deployed by the majority and designed to exact a pound of flesh from the district attorney,” Stegall wrote.
The Kansas Attorney General’s Office did not respond to a request for comment on the Supreme Court’s ruling Friday afternoon.
This story was originally published June 27, 2025 at 4:39 PM with the headline "Kansas man’s murder conviction reversed in 2018 shooting of pregnant girlfriend."
