Murder Defendant Awaits Federal Release Before DC Murder Trial

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A homicide defendant’s lawyer told DC Superior Court Judge Rainey Brandt on May 31 his client is set to be released from Immigration and Customs Enforcement (ICE) custody and returned to the District in the coming days. She was previously released from the DC Jail.

Emerita Garcia, 45, is charged with second-degree murder for allegedly assisting her son in the fatal shooting of Larry Thomas, 27, on Aug. 24, 2023, on the 3600 block on 16th Street, NW.

Garcia’s attorney, Jason Tulley, asked the judge to release Garcia pointing out that she had been compliant prior to being rearrested for a pending deportation.

“We have no control over when she’s going to be released,” Judge Brandt reminded the parties, adding it is the immigration court’s decision and not hers.

The prosecution said they are hoping for an indictment sometime next week.

“You’re giving me something to dream about,” Judge Brandt said.

Tulley added Garcia will be under supervision when released from a federal facility in Georgia.

Regarding a future trial date, Judge Brandt requested parties agree before coming to court.

Parties are set to reconvene for what Judge Brandt called a “more robust conversation” and Garcia’s possible arraignment on June 7.