DC Superior Court Judge Eric Glover dismissed a carjacking charge but continued to hold a defendant for first-degree burglary during a preliminary hearing on Aug. 13.
Edwin Holmes, 31, was originally charged with unarmed carjacking and first-degree burglary for his alleged involvement in two separate incidents on July 7 on the 800 block of Chesapeake Street, SE.
During the preliminary hearing of the evidence, prosecutors called a Metropolitan Police Department (MPD) officer to testify who responded to both incidents.
The officer said the victim of the first incident was giving a ride to her family when she quickly stopped by her house but then heard screaming from a passenger who had stayed inside the vehicle. The victim told the officer that she found the suspect in the driver’s seat of the car trying to figure out how to change the gears. The suspect reportedly ran across the street, where he entered Prince George’s County, Maryland but was beyond DC’s jurisdiction.
The MPD officer said he also responded to an unlawful entry of a home call later the same day. The victim told the officer they had been locked out of their home and the suspect was reportedly found in the backyard drinking a Coke and lounging in a chair. The officer said the victim claimed that the suspect cursed at them before locking them out of their own home. No injuries were reported and nothing was stolen from the victim’s residence.
According to court documents, MPD officers recognized Holmes as the suspect from the earlier offense during his arrest for unlawful entry.
During cross-examination, Holmes’ attorney Camille Wagner said there was insufficient evidence to prove the first incident was a carjacking. Wagner explained there was no evidence of violence or force in this case, and that the suspect was truly never in possession of the vehicle.
The prosecution disputed Wagner’s argument and said that two people had to remove Holmes from the car. They said the facts of the case match elements of a carjacking, including “sudden or stealthy seizure.”
Ultimately, Judge Glover ruled that the evidence and officer’s testimony did not meet the test of a carjacking in that, “The immediate and actual possession of the car is unclear.”
Judge Glover did not find probable cause that Holmes committed a carjacking.
However, the judge ruled there was probable cause for first-degree burglary. Judge Glover explained the nature of the offense was troubling in combination with the defendant’s criminal history. Holmes remained held in the case despite Wagner’s request for his release.
Judge Glover then ruled to dismiss the carjacking charge at the request of the defense.
Parties are slated to reconvene Aug. 25.
