Murder Defendant Arraigned While Facing Deportation Proceedings

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Emerita Garcia was arraigned on a charge of second-degree murder while armed before DC Superior Court Judge Rainey Brandt on June 7, after being released from US Immigration and Customs Enforcement (ICE) custody earlier in the week.

Garcia, 45, stands accused of aiding and abetting her son in allegedly murdering Larry Thomas, 27. The incident occurred on Aug. 24, 2023, on the 3600 block of 16th Street, NW.

According to court documents, camera footage shows Garcia allowing her son to take a gun from her bag, and later propping open a door to allow him to escape.

Jason Tulley, Garcia’s lawyer, informed the court that Garcia waived a formal reading of the indictment and pleaded not guilty.

Tulley reported that ICE has ordered Garcia to wear an ankle monitor and check in at their Chantilly office five days a week as part of an ongoing deportation case.

Judge Brandt released Garcia pending trial, instructing her to check in with the DC Pretrial Services Agency (PSA) by phone once a week and to seek and maintain employment with PSA’s help. Judge Brandt directed PSA to ask ICE to share information about Garcia’s compliance with their release conditions.

Tulley asked Judge Brandt to set Garcia’s trial date for Sept. 16, even though the prosecutor assigned to the case is unavailable then, since Tulley has no other time open on his schedule until 2027.

Tulley argued that the prosecutor should be willing to find a replacement who is available, given that prosecutors have frequently asked Tulley to turn his clients over to other defense attorneys for scheduling reasons, even though a defense attorney has a personal duty to each client that exceeds the duty a prosecutor has to any specific case.

The prosecutor objected that a trial date of Sept. 16 would not allow time for adequate preparation for a homicide case. She argued that scheduling the trial later would not be a hardship for Garcia, since the prosecution was not asking for Garcia to be detained pending trial.

“This case can’t wait until 2027,” Judge Brandt responded. “I’m asking you both to go back to the drawing board and find some time in 2025.” She directed both sides to agree on a trial date by the next hearing, which she set for June 21.

As the hearing was ending, the prosecutor suggested a trial date in 2025, which Tulley rejected.