Judge Reviews Motion to Reconsider Defendant’s Bail

By Natalie Goodman [former] - September 13, 2022
Court | Daily Stories | Homicides | Suspects | Victims |

During a Sept. 13 hearing, a judge considered a motion for reconsideration of a murder defendant’s release. The prosecution urged the judge to reconsider the facts in the case and revoke the defendant’s release.

Jose Ramos, 34, is charged with second-degree murder while armed in connection to the death of 58-year-old Eduardo Cruz’s Jan. 29. Cruz was found dead in a car in the Carter Barron Ampitheater parking lot located on the 4800 block of Colorado Avenue, NW. According to court documents, a medical examiner listed Cruz’s manner of death as blunt force trauma, which police say stemmed from an altercation at the victim’s apartment on the 3700 block of Georgia Avenue, NW.

According to the prosecutor Ramos allegedly “spearheaded” a severe assault on the victim in which he was beaten with “hands, feet, and possibly other readily available objects.”

In his motion, the prosecutor also presented four reasons, and various transcripts, that illuminated why DC Superior Court Judge Rainey Brandt should reverse her Aug. 12 decision for release. The prosecution’s argument included four pillars, the defendant’s criminal history, the nature of the offense, the weight of evidence against Ramos and the danger he posed to the community.

The motion stated that Ramos was arrested for assault four time with two resulting in convictions for second-degree assault in Prince George’s County and simple assault in DC.

The prosecutor’s motion also mentioned Ramos’ latest arrest in which he was apprehended in Fairfax County, at the end of August, for an outstanding warrant connected to a 2019 assault case. The prosecutor said the warrant was issued for Ramos’ failure to appear in a June 15 court hearing as another argument against his release.

Judge Brandt entertained the prosecution’s motion, asserting that the bench warrant called for thorough consideration. Judge Brant admitted she failed to notice the warrant during her initial bail review, and that if she had, she would have focused on it more.

“An omission of this significance is an inaccurate record,” Judge Brandt said.

According to Judge Brandt, the bench warrant coupled with Ramos’ criminal history, and the weight and nature of the evidence and outstanding charges against him, might have compelled her to deem him too much of a threat to his community and thus not eligible for release.

Ramos’ defense attorney, Rachel McCoy, contended that Ramos’ absence was not voluntary nor of negligence. She said the defendant was arrested on the morning of the hearing and was not allowed to go to the hearing.

However, the prosecutor said Ramos’ failure to attend the hearing on June 15 was because he was found carrying 17 bags of cocaine at a 7-Eleven. According to the prosecution, Ramos had been “cutting it very close,” and was not on track to arrive on time for the hearing.

The prosecution also called attention to Ramos’ refusal to speak to officers when he was initially arrested in Fairfax, due to being “high” on cocaine. According to the prosecution, Ramos’ intoxicated state would have presumably impacted his ability to appear in court later that day, regardless of whether he was arrested. 

Both McCoy and Judge Brandt agreed that the prosecution’s assertions were speculative and didn’t conclusively indicate that Ramos wasn’t planning to appear in court. 

Judge Brandt said the prosecution’s arguments were worthy of further consideration but did not make a decision on Ramos’ release conditions. Before doing so, Judge Brandt insisted she would need more information regarding Ramos’ activities on the day he was arrested, as well as the time he was scheduled to appear in court.  

Ramos is currently being held in jail in Fairfax County.

His next hearing is scheduled for Oct. 3.