DC Superior Court Judge Heide Hermann found probable cause that a defendant was the perpetrator in a carjacking incident during a hearing on June 17.
Orlin Lemus-Cruz, 20, is charged with unarmed carjacking, armed robbery, and two counts of possession of a firearm during a crime of violence or dangerous offense, for his alleged involvement in a March 26 incident on the 3100 block of Hiatt Place, NW.
According to court documents, Lemus-Cruz and two other suspects allegedly robbed two victims at gunpoint, injuring both and commandeering their motor scooter, a jacket by Moncler–a high-fashion brand with items costing thousands of dollars–a cellphone, and a ring.
The lead Metropolitan Police Department (MPD) detective on the case testified a lookout was issued shortly after officers arrived on scene, based on the victims’ description of Hispanic males, approximately six feet tall, wearing all black clothing.
A patrol officer later spotted a suspect on Park Road, NW matching that description and identified him as Lemus-Cruz. The suspect fled and the officer was unable to make contact.
However, his photo was subsequently included in a photo array presented to the victims. One identified him as one of the attackers.
During cross examination, defense attorney Quiana Harris called attention to discrepancies in the identification process. While the patrolling officer described Lemus-Cruz as wearing all black on Park Road, NW, he later identified Lemus-Cruz in CCTV footage of the incident on Hiatt Place, NW as the suspect wearing a grey jacket, blue hoodie, and having a backpack.
Harris also questioned the reliability of the victims’ photo identification. The first victim claimed to recognize Lemus-Cruz because they saw his face during the robbery. However, CCTV footage shows that all suspects wore ski-masks during the crime. The second victim didn’t recognize Lemus-Cruz’s photo in the array at all.
Harris argued that these identifications were innaccurate, riddled with discrepancies, and “insufficiently reliable” for the charge of armed robbery.
“The only evidence is a black jacket in a book bag,” Harris stated.
The Moncler jacket in question was allegedly found in Lemus-Cruz’s backpack during his arrest a-week and-a-half after the robbery. During cross examination, the detective testified that the Moncler jacket is a very popular.
Judge Hermann acknowledged the defendants’ concerns, stating that there was an argument to be made in front of a jury on the issue of identification. Nevertheless, she found probable cause to support the charges and ordered Lemus-Cruz held without bond.
The next hearing is slated to be held July 7.
