Judge Finds Probable Cause for Burglary Case

By D.C. Witness Staff - October 19, 2020
Court | Daily Stories | Homicides | Suspects |

A DC Superior Court judge ruled that a burglary case has enough evidence to go to trial and held the defendant at DC Jail.

Raymond Touya, 23, is charged with first-degree burglary for allegedly entering a home on the 7400 block of 7th Street, NW on June 24 with the intent to commit theft.

“I find overwhelming evidence for probable cause,” said Judge Renee Raymond

The first Metropolitan Police Department (MPD) officer to arrive on scene testified during the Oct. 19 hearing. The prosecutor also showed body-worn camera footage from multiple responding officers. 

The officer testified that Touya entered the house through an unlocked back door and armed himself with a kitchen knife. Then, the defendant allegedly went to the bedroom, where he ordered the two occupants to give up their property. One of the victims grabbed a chair and forced the defendant to leave the room before locking the door and calling 911. 

According to the officer’s testimony, when he arrived, the defendant was standing in the house’s garage with a duffel bag, computer, and knife in his left pocket. 

At first, the defendant reportedly told the officer that he was the homeowner who called 911. After more MPD units arrived, officers spoke with the real homeowners, who identified the defendant.

Touya’s attorney, Nathaniel Mensah, asked the officer why camera footage showed him saying that he knew Touya. The officer said he arrested Touya as a juvenile. The footage also showed him telling another officer that the defendant “wasn’t always mentally there.” 

Mensah agreed that his client was the person who entered and took property from the home. However, he argued that the case does not have probable cause because the defendant was either intoxicated or having a mental health episode at the time. 

The prosecutor argued that all of the elements of burglary were there, saying the defendant acted knowingly and intentionally. The prosecutor also said Touya knew what he was doing when he entered the home and armed himself. 

“He may have had some mental health issues, but that does not in itself mean that he qualifies for not guilty by reason of insanity,” Judge Raymond said.

Judge Raymond chose to hold the defendant at DC Jail. She said the facts of the case are incredibly disturbing, and the defendant was released on unsupervised probation six months before the offense. Touya was on parole for possession with intent to distribute a controlled substance and unlawful possession of a firearm. 

Touya will return to court on Dec. 8 for a felony status conference.