Judge Finds Probable Cause in Homicide Case, Releases Defendant

By Beatriz Olivares [former] - August 17, 2022
Court | Daily Stories | Homicides | Suspects | Victims |

DC Superior Court Judge Rainey Brandt found probable cause during the second day of a preliminary hearing but released the defendant under the high intensity supervision program (HISP) ahead of trial. 

Jose Ramos, 34, is charged with second-degree murder while armed in connection to the fatal death of 58-year-old Eduardo Cruz on Jan. 29.

The preliminary hearing spanned over two days. During the second day of proceedings on Aug. 12, Judge Brandt initially ruled that the case did not have probable cause for second-degree murder but changed her ruling once the prosecution argued that the probable cause could be found for second-degree murder if the while armed charges were withheld. 

“Probable cause is a low standard, I can find probable cause for second-degree murder but not while armed,” Judge Brandt said. “I think the government’s evidence is weak and I’m going to release Mr. Ramos.”

The victim’s daughter was present in the courtroom and asked Judge Brandt to keep the defendant detained. 

“No one should live this living hell I’m living,” Cruz’s daughter said. “Please your honor, I’m begging you, leave him in custody where he can’t hurt no one.”

Judge Brandt expressed her condolences and thanked Cruz’s daughter for her statement but said she couldn’t keep Ramos in custody because there’s no evidence that proves he killed Cruz beyond a reasonable doubt. 

“Our criminal justice system is built on ‘beyond a reasonable doubt’… You got probable cause but there were at least three other people in that apartment,” Judge Brandt said. “There’s not enough evidence right now for the court to reasonably say that Mr. Ramos was the one who struck the deadly blow.”

Defense attorney Rachel McCoy stated that upon release, Ramos would reside with his family in a different state. 

Ramos has been ordered to stay away from the apartment building on the 3700 block of Georgia Avenue, NW, anyone who lives in the apartment building, and the victim’s family. The stay away order includes electronic communication and sending messages through a third party. Ramos has also been ordered to report to pretrial services once a week. 

On Jan. 24, Ramos and Cruz allegedly got into a physical altercation in an apartment complex on the 3700 block of Georgia Avenue, NW. Ramos and Cruz lived in the same apartment building and were arguing about the noise and traffic Ramos seemed to bring to the apartment complex. According to court documents, witnesses heard a struggle and then heard Cruz asking for forgiveness in Spanish. Ramos and a group of others allegedly insulted Cruz and physically attacked him in response.

Metropolitan Police Department (MPD) officers discovered Cruz, unconscious and unresponsive, inside of a parked vehicle on the grounds of a local outdoor recreational area on the 4800 block of Colorado Avenue, NW. Cruz suffered multiple blunt force injuries, including bleeding to the brain. Despite all life-saving efforts, Cruz succumbed to his injuries five days later.

The MPD is conducting an ongoing investigation regarding the other individuals. 

The next hearing is scheduled for Sept. 7.