Judge Says Homicide Defendant is Not the Shooter in Bond Hearing

By McKenna Bryant , Anthoine Godin - March 20, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

On March 19, DC Superior Court Judge Rainey Brandt granted a defendant’s pretrial release in a 2023 homicide. 
Emerita Garcia, 45, is charged with second-degree murder while armed for allegedly aiding and abetting her son in the fatal shooting of 27-year old Larry Thomas on Aug. 4, 2023, on the 3600 block of 16th Street, NW.  

Garcia is currently being held in DC Jail. 

Garcia’s defense attorney, Jason Tulley, asked the judge to release Garcia. Tulley pointed out that Garcia had been compliant in her pretrial release conditions prior to being rearrested for a pending deportation. 

Tulley also insisted there was “no legal basis to hold Garcia,” arguing her lack of criminal background, extensive work history, and family support in DC are enough suspicions of Garcia’s being a threat to the public or a flight risk. 

The prosecution revealed that Garcia is facing active deportation hearings in Georgia, and claimed Garcia should be held. 

In addition, the prosecution argued that Garcia was a threat to the public due to her arrest in 2021 for allegedly smuggling multiple undocumented migrants from El Salvador to Alabama. 

The prosecution concluded by bringing up text messages that the defendant had sent urging him to turn off the tracking on his phone. Additionally, the prosecution alleges Garcia had sent her son a text asking if anyone knew about “the cameras.”

In response, Judge Brandt declared that “[Immigration and Customs Enforcement (ICE)] has got nothing to do with this court’s jurisdiction”. 

Siding with defense, Judge Brandt, stated that “Garcia is not the shooter in this case,” and granted the defendant’s release under pretrial conditions, including GPS monitoring with a curfew, drug testing.

Before concluding, the judge responded to a motion made by Tulley to seal the next hearing due to the court’s mention of Garcia’s ongoing deportation proceedings. The judge denied Tulley’s motion.

Parties are set to return to court May 31.