Judge Limits Mention of Gang Connection in Murder Trial

By Rohan Naval [former] - March 20, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

On March 19, DC Superior Court Judge Maribeth Raffinan granted a motion that prohibited the prosecution from specifically mentioning the defendant’s alleged involvement in a gang.

Oscar Ramos, 34, is charged with first-degree murder while armed, two counts of possession of a firearm during a crime of violence, and assault with intent to kill while armed, for his alleged involvement in the fatal shooting of 50-year-old Pedro Alvarado on May 28, 2015, on Interstate 295 North at exit one, in Southwest DC. The incident left another individual suffering from non-life-threatening injuries. 

The defense argued to exclude all references in the trial to Mara Salvatrucha 13 (MS-13), a notorious criminal gang. The defendant is alleged to be affiliated, and have a tattoo representing MS-13. He is said to have joined the gang in El Salvador. 

Following lengthy arguments, Judge Raffinan found that such references would be “highly prejudicial” and that it was “not necessary” to acknowledge his affiliation. 

As a result, the judge said that prosecution may refer to his as well as witnesses’ affiliation with MS-13 and other gangs as being part of a “neighborhood”. A gang expert can’t testify about “MS-13” tattoos the defendant is alleged to have.

The prosecution intended to use Facebook posts to compare the tattoos displayed on the account and tattoos on the defendant. 

Rachel McCoy and Camille Wagner, Ramos’ defense attorneys, continued arguments for their motion to suppress an in-court identification of the defendant. The motion was regarding a Federal Bureau of Investigation (FBI) agent’s identification procedure with a murder witness.

According to the judge, the agent used a “single photo confirmation procedure,” which was “unduly suggestive.” The judge held the motion in abeyance, pending testimony from the witness. 

The defense presented another motion to exclude statements made by Ramos in 2021. 

According to the filing, the statements were made at an Immigration and Customs Enforcement (ICE) facility, where the defense alleged coercive tactics as Ramos’ leg was chained to a table during the interrogation. 

McCoy and Wagner said Ramos feared he would be deported to El Salvador if he failed to answer questions. 

The judge determined that Ramos “expressed understanding,” and had signed forms waving his Miranda rights that were presented to him in a language he understood. 

Finally, the prosecution brought forward a matter relating to a witness expected to testify at trial. 

According to the prosecution, the witness is currently held at an ICE facility, awaiting deportation to El Salvador. The prosecution stated that ICE has honored a writ for him to appear at trial, but that the deportation process has still been carried out.

The prosecution requested that a pre-recorded deposition of the witness be used at trial as evidence. 

The defense alleged that “the [prosecution] is hoping [the witness] is deported.”

The judge stated that a ruling will be issued depending on whether the witness is deported or available to testify at trial. 

The trial is expected to start March 25.