DC Superior Court Judge Heide Herrmann ruled that a carjacking defendant will be held after she waived her preliminary hearing on the evidence in a July 3 hearing.
Traviyan Hardy, 23, is charged with unarmed carjacking for her alleged involvement in an incident that occurred at the 300 block of 40th Street, SE on June 13.
Hardy waived her right to a preliminary hearing and defense attorney, Everald Thompson, argued for her release stating that “[the prosecution’s] case is not strong.”
Thompson claimed that Hardy was already in the car with the victim prior to the alleged carjacking saying it was unclear the incident was a carjacking “so to speak.”
He argued for release on the basis that Hardy has a stable job and home life and that this is her first arrest in DC. According to Thompson, Hardy is a good candidate for home confinement if this were deemed necessary.
The prosecution argued that Hardy be held, stating the carjacking was caught on video with Hardy seen sitting in the passenger side of the vehicle and the victim in the driver’s seat. They noted that Hardy allegedly admitted to being in the video.
While the prosecution did admit that it was unclear whether the defendant participated in physically assaulting the victim, they suggested the video clearly showed that Hardy had stolen items from the victim as her co-defendant, Kevin Lester, forced the victim to the ground.
The prosecution also noted that Hardy was allegedly involved in a burglary case in Maryland and has admitted to involvement in another carjacking in the same jurisdiction. These statements added context to Thompson’s earlier suggestion that this carjacking was her first offense in DC.
Prior to her ruling, Judge Herrmann explained that there were allegations that Hardy was trapped in the car and that the complaining witness would not allow her to exit the vehicle. She argued these allegations were significant if true, and thus, relevant for her consideration.
Video evidence appears to show Hardy hovering over the victim who was on the ground after her co-defendant allegedly assaulted the victim, getting back into the car, and driving away with the co-defendant.
Judge Herrmann concluded from the evidence that even if the defense arguments were true, at the time of the carjacking, Hardy was no longer trapped.
Judge Herrmann ruled that Hardy is to remain held given the evidence and her criminal history.
Parties are slated to reconvene on July 8.
