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Judge Finds Probable Cause in ‘Attempted’ Carjacking

DC Superior Court Judge Heide Herman found probable cause that a defendant was the perpetrator in a carjacking during a hearing on June 5. 

Markese Lewis, 31, is charged with unarmed carjacking for his alleged involvement in a carjacking of an Uber driver. The incident took place on the unit block of Banner Place, NW, on May 31. 

According to court documents, an officer responded to the incident from reports of someone “destroying a vehicle,” before a carjacking was officially confirmed. Lewis allegedly carjacked an Uber driver who was carrying him and another person, and became upset after the ride was going to be cancelled.

Prosecutors called on a responding officer who reported to the scene and adopted her affidavit of the incident.

According to the officer, the victim reported being carjacked after a pickup, in which there were two riders, one later identified as Lewis. However, the Uber driver reported being confused because the rider was supposed to be someone with a woman’s name. When he asked the riders to cancel the ride with an unidentified individual, Lewis allegedly punched him and attempted to steal his vehicle. 

The officer recalled the victim stated he held the door closed before turning the car off and holding on to the keys. The suspect was allegedly able to force the driver side of the car open and punch the victim in the face. After this, the victim ran away. The suspect tried to start the car and the victim recorded the action on his phone. The video, viewed in court, allegedly shows the suspect in the front driver’s seat of the victim’s car and also running towards the victim.

The responding officer identified the suspect as Lewis in court, saying, “He is here, in the orange shirt.”

Lewis was represented by defense attorney Patrick Nowak. Nowak argued that this offense was not a traditional, full carjacking, rather an “attempted carjacking” because Lewis never had full possession or control over the vehicle. 

Nowak argued that in order for a carjacking to fully take place, the car needed to move, and that the vehicle in this case never left where it was parked. He also argued that the victim had the key fob to start the car in their possession the entire time, which would not have let the suspect drive the car.

Nowak asked the judge to not find probable cause and requested the defendant’s release based on these arguments, which the judge stated were “irrelevant.” 

Judge Herman denied Lewis’ release and found probable cause. 

The next hearing is scheduled for June 18. 

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