Judge Finds Probable Cause, Despite ‘Not Overwhelming’ Evidence

By Adriana Marroquin - May 6, 2024
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

DC Superior Court Judge Robert Okun found probable cause that a defendant was the perpetrator in a homicide, even though the evidence was “not overwhelming.”

Eliexander Lopez-Burgos, 24, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 38-year-old Carlos Javier Blanco Fernandez. The incident occurred on Nov.16, 2023 on the 2200 block of New York Avenue, NE.

Lopez-Burgos himself was the victim of a shooting on Nov. 14, near the homicide location. 

The lead detective from the Metropolitan Police Department’s (MPD) Homicide branch previously testified at an April 11 hearing that Lopez-Burgos’ vehicle, which was a distinct dark Chrysler Cross Country van with gray sliding doors, was seen at the scene of Blanco Fernandez’s murder. 

According to the detective, multiple witnesses stated that the shots came from the passenger side of the vehicle, and a witness had seen Lopez-Burgos in the passenger seat ten-to-15 minutes before the murder. 

On May 3, the detective testified that Lopez-Burgos had been arrested in December of 2023 in Denver, CO, in a vehicle that matched the description of the suspect vehicle, which was registered to the defendant. 

The prosecution argued the case has “unusual circumstances,” adding that when Lopez-Burgos was arrested in Colorado, the prosecutor flew to participate in a preliminary hearing before a Federal Judge, who made a probable cause finding. 

In their arguments before Judge Okun, the prosecutor stated that Lopez-Burgos “did not leave DC after he was shot, but rather he left after the homicide with the car seen at the scene,” adding that the van was everywhere, including the scene of Lopez-Burgos’ shooting, the murder scene, and his arrest. 

However, Kevann Gardner, Lopez-Burgos’ defense attorney argued that the prosecution didn’t “even come close” to meeting the probable cause requirement, adding there is no evidence to prove that the suspect was the shooter. 

“They provided more evidence that he’s not the shooter,” Gardner proclaimed, insisting that the only reason he was arrested is because “the prosecution and MPD are relying on rumors” from the witnesses at the scene. 

He argued that Lopez-Burgos fled the District because “he could’ve died… he doesn’t feel safe in DC,” following his shooting. 

Despite Gardner’s arguments, Judge Okun found that the prosecution met the probable cause standard, despite “not overwhelming” evidence. According to Judge Okun, the prosecution has “significant circumstantial evidence.” 

In a “relatively close call,” Judge Okun denied the defense’s request for release, agreeing with the prosecution that he poses a flight risk and dangerousness, despite not having a criminal history. 

Parties are slated to reconvene July 19.