Judge Says Homicide is ‘Not a Strong Case at All,’ But Finds Probable Cause

Thank you for reading D.C. Witness. Help us continue our mission into 2024.

On Jan. 3, DC Superior Court Judge Rainey Brandt said prosecutors did not have sufficient evidence to charge a defendant with first-degree murder while armed, but stated they met the low standard of probable cause for second-degree murder.

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. 24, on the 3600 block of 16th Street, NW. Her son hasn’t been apprehended.

She allegedly provided the gun used to kill Thomas, and ensured her son had a clear flight path following the shooting.

She was originally charged with first-degree murder while armed, but Judge Brandt argued that there is not sufficient evidence to meet the low standard for the charge.

Jason Tulley, Garcia’s defense attorney argued that the prosecution’s case was based solely on inferences that don’t add up to aiding and abetting, stating that the prosecution must prove that Garcia had knowledge that the shooting was going to occur and had a conscious disregard about the risk of grave injury or death, but they failed to do so.

According to Tulley, the surveillance footage which depicts the moments leading up to the shooting shows what “seems like two guys hanging out amicably.” He insisted there are no facts that support Garcia knew of the shooting prior to her bringing a bag that had a gun down to her son.

Prosecutors insisted there was sufficient evidence to prove probable cause, arguing Garcia knew the gun was in the bag and she took it to her son after he asked her to by yelling towards her apartment window. They argued she facilitated her son’s actions, and knew what she was doing.

Following three tense hearings, Judge Brandt ruled that the prosecution had not met the low standard of probable cause for first-degree murder while armed, arguing that only four things in the case are guaranteed facts, that Thomas died from a gunshot wound, Garcia’s son had a gun, the son got the gun from a bag that was being worn by Garcia, and that shortly after he retrieved the firearm, there were gunshots in the direction that Thomas had gone. Brandt insisted that everything else is inferences.

She argued it was clear that Thomas and Garcia’s son were both under the influence having been drinking at a bar for an extended period of time before the incident, and that their body language in the surveillance footage doesn’t prove a fight was brewing.

Judge Brandt stated that one can make a reasonable inference that Garcia’s son was speaking out loud, and it could’ve been directed at Garcia, but that no one knows what was actually said.

She argued that a logical inference could be made that Garcia’s son yelled something that caused her to bring him the bag, and a weak inference could be made that the bag was hers and she’s responsible for its contents, especially because she continued to wear the bag after the gun was taken from it.

Judge Brandt stated that based on the evidence and the inferences she found weak probable cause for second-degree murder while armed, but that this is “not a strong case at all against [Garcia].”

Tulley requested to return at a later date to argue Garcia’s release conditions, and requested the writ that has held Garcia to this point be extended without further explanation. The parties discussed the request under seal, and a continuation of the preliminary hearing was set.

Parties are slated to return March 29.

Follow this case