Judge Rejects Defense’s Motion 

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DC Superior Court Judge Milton Lee granted on Oct. 28 a continuance for an updated indictment date and motion to reconsider detention.  

Alvin Alexis Cruz-Garcia, 24, is charged with second-degree murder in connection to March 23, 2021, murder of 38-year-old Ramon Gomez-Yanez. According to court documents, the Metropolitan Police Department (MPD) responded to reports of an unconscious person at approximately 8:50 pm on the 1500 block of Ogden Street, NW. 

An autopsy later revealed that the cause of death was blunt force trauma to the head and neck.

During the Friday hearing, the prosecution said they did not believe that there was other DNA evidence except the blood on the defendant’s clothing and fingerprints found on the vehicle. The fingerprints were sent to the lab to perform further investigation.  

The prosecutor also said there is not a plea offer for the defendant at this time. 

The defense has not talked in detail about the new evidence with the defendant and is waiting to check with forensic specialists. 

A motion to reconsider the detention was filed by the defense.

There were some statements made by the prosecutor during the preliminary hearing that was not proper, and the pending immigration matter was not a criminal matter when the defendant was arrested.

The defense argued that the motion had nothing to do with criminal activity.

It was not the case of flight risk, the defendant’s grandmother passed away so the defendant was going to Mexico before the warrant was initiated. 

Judge Lee denied the defense’s motion to reconsider detention.

Judge Lee also demanded the prosecutor have the indictment target date finalized by the next hearing. 

The next status hearing is scheduled for Jan. 27, 2023.

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