Probable Cause Ruling Delayed in Homicide Case 

By Adriana Marroquin - December 13, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

On Dec. 11, DC Superior Court Judge Rainey Brandt continued a homicide defendant’s preliminary hearing to review evidence before making a probable cause ruling.

Emerita Garcia, 45, is charged with first-degree murder while armed for her alleged involvement in the death of 27-year-old Larry Thomas on Aug. 24, on the 3600 block of 16th Street, NW. 

Prosecutors argue Garcia aided and abetted her son, who is identified as suspect-1 by the Metropolitan Police Department (MPD) by providing the gun used to kill Thomas, and ensuring he had a clear flight path following the shooting. He has yet to be arrested.

During the preliminary hearing, prosecutors called on MPD’s lead detective for Thomas’ homicide to narrate surveillance footage videos that show the moments leading up to the shooting, and after the shooting. 

In the footage played in open court, Thomas and Garcia’s son are interacting outside an apartment building at the crime scene. According to the lead detective, Garcia’s son is yelling something unintelligible towards his mom’s apartment.

Thomas tries to go into the building, but is unable to without a key fob. He walks away from the suspect, and Garcia appears at the entrance with a bag. Her son is seen removing an object from the bag, and begins walking in Thomas’ direction.

According to the detective, as Garcia’s son walks away, a gun is visible in his hand. Moments after her son walks in Thomas’s direction Garcia follows behind and the first shot is visible. The video does not show Thomas or the shooter, but the video depicts a muzzle flash and the sound of a gunshot.

The detective said Thomas was shot two or three times, but due to issues with surveillance cameras only the one was recorded. 

Prosecutors say Garcia created a clear flight path for her son, arguing she knew what she was doing when she propped open a gate locked from the outside with a moped and a bottle.

Jason Tulley, Garcia’s defense attorney, claimed she may have not been aware that the gun was in the bag she took to her son, and argued she was facing the other way when he removed the item from the bag. 

As for the prosecutor’s claim that Garcia secured a clear path for her son, Tulley argued the door to the building is unlocked by a key fob, and she could’ve forgotten it and propped it open for herself. Likewise, for the locked exterior gate.

Following parties’ arguments, Judge Brandt requested additional time to review all evidence presented to the court.

Parties are slated to return Dec. 13 for a probable cause ruling.