DC Superior Court Judge Andrea Hertzfeld denied a carjacking defendant’s motion to dismiss charges on Oct. 23 after the defense complained they didn’t receive all the evidence.
Orlin Lemus-Cruz, 21, and Julio Villafranco, 21, are charged with armed carjacking, two counts of assault with a dangerous weapon, two counts of robbery while armed, five counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction greater than a year. These charges stem from their alleged involvement in an incident on March 26 on the 3100 block of Hiatt Place, NW.
Defense counsel for Lemus-Cruz, Quianna Harris, motioned to dismiss the case because she claimed the prosecution never sent additional evidence that’s “integral to Lemus-Cruz’s” involvement.
Harris claimed that Lemus-Cruz was detained without sufficient evidence and asked for his release. She added that without examining the evidence, she has no information about Villafranco’s alleged involvement and noted she might file a motion to sever the cases.
The prosecution admitted that they should have sent the additional grand jury transcripts, records of the complaints against the involved officers, and body-worn camera footage after Villafranco joined the case.
Judge Hertzfeld claimed that the defendant’s cases were properly joined and therefore, according to the law, the government is entitled to a 45-day continuance to provide the evidence.
Additionally, Judge Hertzfeld vacated the previously scheduled trial date, ordered the prosecution to provide the defense with the new evidence, denied the motion to dismiss the case, and rejected Harris’ request to release Lemus-Cruz.
At the same hearing, Villafranco was arraigned and his attorney, Camille Wagner, informed parties that he pleaded not guilty to all charges against him. Wagner also asked the court for more time to go through evidence and potentially negotiate a plea deal.
The parties are slated to reconvene on Nov. 20.
