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Prosecutors Present Detailed Physical and DNA Evidence Linking Suspect to Murder

On Jan. 4, the second day of a bench trial before DC Superior Court Judge Marisa Demeo, the lead detective in the case, a firearms expert and a DNA analyst presented evidence prosecutors say links Matthew Walker, 25, to the murder of David Remen, 32.  

Walker is charged with first-degree murder while armed along with seven other counts including assault with intent to kill and possessing a firearm during a crime of violence for his alleged connection to an incident on the 1700 block of Hamlin Street, NE, on Feb. 14, 2019. 

Walker is also charged with second-degree murder while armed for allegedly stabbing 23-year-old Jamal Green-Lee to death on the 100 block of Michigan Avenue, NE on April 29, 2019. Green-Lee died on Nov. 4, 2020, due to his injuries.

The detective, a 20 year veteran of the Metropolitan Police Department (MPD), arrived at the scene about an hour after the shooting.  As part of his investigation, the officer reviewed surveillance footage from different angles which captured the shooting at a business that places low-skilled workers.

The silent video initially shows a person standing in a doorway who appears to be Remen.  Then a suspect dressed in black and wearing a hoodie enters the frame and starts shooting.  The area is filled with smoke and Remen disappears from the screen.

In another sequence, the detective describes footage from outside surveillance cameras nearby showing the suspect fleeing the scene and dropping items of clothing into a trash can and recycle bin.

The detective was then able to recover a black hoodie with red and white stripes as well as a pair of sweatpants and a black mask.  

Of particular value, said the officer, was a slip of paper with Matthew Walker’s phone number found in the jacket.  Two days later acting on a tip, police found a Glock 19 semi-automatic pistol and a magazine not far from the murder scene.  As a local, Walker was known to hang out in the neighborhood and became a target of the investigation.

In cross examination, Walker’s defense lawyer Stephen Logerfo asked the detective if he’d interviewed disgruntled employers at the firm.

“We scraped the bottom of the bowl,” said the detective but he had to follow the evidence. Logerfo pressed the detective on the physical description of the suspect. 

He said the eyewitness descriptions were “all over the map.”  Logerfo pointed out one witness identified the handgun as a MAC 10, not the recovered Glock 19.

In re-direct, the prosecution asked the detective if the suspect’s gun looked like a MAC 10.  He responded it did not.

The prosecution also called a firearms expert to compare bullet casings and fragments collected at the crime scene to see if they were a match for the recovered firearm.  

The expert explained that when a bullet is fired it acquires distinctive “tool marks” like ridges and grooves as it travels through the barrel.  Under microscopic examination it’s possible to see the changes and make comparisons.   

After a test firing of the suspect’s Glock 19, the expert said there was “sufficient agreement” the conclusion that the casings at the crime scene were likely fired from the Glock.

Under cross examination from Logerfo, the expert admitted he couldn’t say with certainty the bullets came from the same gun and that his analysis was not built on an established statistical model.

The final prosecution witness, a DNA analyst, explained how she tested the articles of clothing and the weapon to see if there was specific genetic residue linking Walker to the evidence.  

The analyst was able to retrieve bits of DNA from the waistband of the jumpsuit pants as well as material from the sweatband of the hoodie and a discarded glove.  For the firearm, the analyst needed to gather additional samples from the DC Department of Forensic Sciences (DFS).  

To make the comparison, the analyst used a mixture profile of DNA including those at the crime scene to see if Walker’s DNA was more likely to match the evidence than the other samples.  

By exponentially large numbers–in the range of quadrillions and septillions–the analyst said, the samples were “more likely” to come from Walker than the comparators.  

However, Logerfo pointed out that in terms of the glove and the firearm there was less compelling evidence of Walker’s DNA.  

The prosecution intends to present one more witness.  Still to be determined is whether Walker will take the stand in his own defense.  No motive has been established for the crime.

The trial continues on Jan. 5.

Brothers Plead Not Guilty During Homicide Arraignment 

On Jan. 5, two brothers pleaded not guilty during a felony arraignment in front of DC Superior Court Judge Robert Okun.

Davon Alston, 21, and his brother Juvan Alston, 22, are charged with first-degree premeditated murder while armed, conspiracy, and possession of a firearm during a crime of violence for their alleged involvement in the fatal shooting of 17-year-old Dennis Simms on the 800 block of Yuma Street, SE on July 1, 2022. 

Juvan is also charged with carrying a pistol without a license outside a home or business. 

During the arraignment, Stephen LoGerfo and Madalyn Harvey, the Alston’s defense attorneys, alerted the court that both brothers were pleading not guilty to all charges and asserted their constitutional rights, including the right to a speedy trial. 

A trial date was previously set for April 2025. 

Parties are slated to return to court May 10. 

Dismissal Motion in Homicide Case Continued

On Jan.5, DC Superior Court Judge Maribeth Raffinan continued a hearing in response to the defense’s motion for dismissal of a homicide case. 

Alisa Randall, 35, is charged with second-degree murder while armed for her alleged involvement in the fatal stabbing of 59-year-old Ronald Jones, on July 15, 2019, on the 1300 block of Euclid Street, NW. 

According to court documents, Jones suffered two superficial stab wounds on his left arm and one fatal stab wound to his upper chest. 

Randall’s defense counsel, Dana Page and Ashley Guzman, argued to the court that Randall’s case should be dismissed.

They explained she has never been found mentally competent after several evaluations, and her situation is unchanged.

The prosecution also requested more time to prepare a final pleading for this motion, and explained that they have new information they want to sort through before presenting it to the court.

Page and Guzman did not oppose the request which Judge Raffinan granted.

The parties are expected to reconvene on Jan. 25.

Judge Holds Shooting Defendant Accused of ‘Extremely Violent Conduct’

Appearing In an arraignment before DC Superior Court Judge Marisa Demeo on Jan. 5, Andrew Parsons, 28, pleaded not guilty to a non-fatal shooting. 

In a five-count indictment read aloud in court, Parson was charged with assault with intent to kill, aggravated assault knowingly while armed, possession of a firearm during a crime of violence and carrying a dangerous weapon in connection to an incident that occurred on Aug. 9 on the 800 block of Southern Avenue, SE.

According to court documents, Parsons was involved in an argument with a person he knew and shot him several times in the legs. The injuries required surgery.

During an Oct. 4 mental observation hearing, DC Superior Court Judge Heidi Pasichow described Parsons as “a danger” to society in denying his release request.

Parsons’ attorney, Darryl Daniels II argued for his client’s release saying he had arranged for stable housing.

However, the prosecutor said that Parson exhibited “extremely violent conduct” in that he allegedly got a gun and fired ten times, putting people in the surrounding area at risk.

Daniels countered that Parsons had a positive release experience after an earlier incident. 

Judge Demeo was skeptical, noting Parsons’ prior offenses, in particular outstanding warrants in Pennsylvania and Maryland. Further, she was concerned about the use of a firearm in a public setting and that Parsons could be a flight risk.  Therefore, she ordered Parsons held pending trial.

Judge Demeo also advised Parsons that he might want to add an experienced litigator to his defense team given the serious nature of the accusations. 

The next hearing in the case is set for March 8.  

Homicide Defendant Waives Right to Independent DNA Testing

On Jan. 5, a homicide defendant waived his right to independent DNA testing before DC Superior Court Judge Maribeth Raffinan.

Johnwann Elliott, 30, is charged with first-degree murder while armed, two counts of possession of firearm during crime of violence, assault with intent to kill while armed, unlawful possession of a firearm, and carrying a pistol without a license outside home or business, along with other charges, for his alleged involvement in the fatal shooting of 37-year-old Nikia Young on the 2200 block of Minnesota Avenue, SE, on March 15, 2022. 

The prosecution informed the court that physical items discovered in relation to this case included ballistics evidence, clothing, and bags filled with suspected drugs. 

They explained that the only testing that was completed were six cartridge casings. They further explained that none of the cartridge casings were suitable for DNA analysis, and therefore no results were found.

Elliotts defense attorney, Kevann Gardner, then informed the court that Elliott would be waiving his right to independently test any of this evidence. 

The parties are expected to reconvene on Sep. 20.

Judge Finds Probable Cause in Homicide Case

On Jan. 5, DC Superior Court Judge Robert Okun found probable cause that a defendant was the perpetrator in a fatal shooting. 

Jeremiah Evans, 20, is charged with first-degree premeditated murder while armed for his alleged involvement in the fatal shooting of 18-year-old Khalliqo Ford on June 15, 2023, on the 200 block of K Street, SW. 

Prosecutors called a Metropolitan Police Department (MPD) sergeant, who was the co-lead detective of the case, to testify about his involvement in the investigation. 

According to the sergeant, footage, shown in open court, depicts a blue Dodge Charger arriving at the location’s rear parking lot and two individuals, who he identified as Ford and Evans exit the back passenger seats of the vehicle. The individuals are seen going their separate ways as they exit the vehicle. 

In another clip of surveillance footage shown in court, an individual, who the sergeant identified as Evans, is seen entering the camera’s view with a bag, dropping the bag in front of the Charger while removing an item from the bag, and going off camera view to meet another individual. 

The two individuals, identified as Ford and Evans, return to the camera’s view, and approach the Charger. As they get to the car, the individual identified as Evans goes to Ford’s side of the vehicle and allegedly begins to push and shove the victim. Ford is seen attempting to walk away from the dispute, as the suspect begins to fire several gunshots at him in close range. 

Following the gunshots, an individual seated in the front passenger seat of the vehicle gets out, and Evans gets into the back passenger seat as the vehicle drives away. 

In his testimony, the sergeant explained that MPD responded to the location for the report of one shooting victim, and Ford was pronounced deceased at the scene. He explained that MPD spoke to four witnesses on the scene, none of whom saw the shooting. Two of them, he said, stated they heard shots fired, but didn’t see the shooting or anyone leave the scene. 

The other two had been in an altercation with Ford moments before the shooting, when an unnamed individual pulled Ford away from the argument. They were unable to tell MPD where Ford and his companion went following their altercation. 

MPD was able to identify Evans as the shooter due to a law enforcement officer, who had been conducting an “extensive investigation” into the neighborhood, recognized Evans. According to the sergeant, the officer had been monitoring Evan’s social media and Youtube for more than six months, and reviewing surveillance footage in the area. 

During cross examination, Stephen LoGerfo, Evans’ defense attorney, questioned the sergeant about Ford being a suspect in the Nov. 19, 2022 homicide of 18-year-old Akira Wilson

LoGerfo also stated that one of the witnesses who was involved in the altercation with Ford prior to his shooting was a witness in the Akira Wilson homicide in 2022 and is known to have made false statements to MPD. 

LoGerfo went on to argue that a murder weapon for Ford’s death has not been recovered, and the Dodge Charger was never located, identified, or processed for evidence and DNA. 

He argued that, because of the lack of physical and biological evidence, Judge Okun should not find probable cause that Evans was the perpetrator. He also argued that it is unknown whether Ford was armed at the time of his death–about which the sergeant testified prior no weapon was recovered from the body.

Prosecutors insisted Judge Okun find probable cause, arguing that a judge had already signed an arrest warrant which ensured the low standard of probable cause was met. They also argued the evidence and testimony establishes that Evans caused Ford’s death, intended to kill him by shooting him multiple times at close range, and the killing was premeditated.

Judge Okun stated he found probable cause, and that there was “no doubt that [Evans] acted with intent to kill.” He added that there’s no evidence of self-defense, and that “the [prosecution] has easily established probable cause”.

Judge Okun ordered Evans continue to be held as he awaits further proceedings, stating there are no conditions of release that would ensure the safety of the community. 

Parties are slated to return March 15. 

Sentencing Continued in Non-Fatal Shooting


During a Jan. 4 hearing, DC Superior Court Judge Maribeth Raffinan continued sentencing in a non-fatal shooting case due to a dispute over sentencing guidelines. 

Travis Littlejohn, 38, was found guilty on four charges of assault with intent to kill while armed, one count of aggravated assault while armed, and multiple counts of possession of a firearm during a crime of violence for his involvement in a mass shooting that occurred on the 3800 block of Minnesota Avenue, NE, on July 5, 2019. 

According to court documents, four victims sustained non-life threatening wounds as a result of an altercation at a Shell gas station. 

The prosecution requested that Littlejohn receive a sentence of 130 years for his crimes. They argued that the court should “hold [Littlejohn] accountable and protect the community.” 

The prosecution argued that many more people, including an infant, could have been seriously injured or killed as a result of Littlejohn’s actions. 

Additionally, the prosecution pointed out that this crime occurred after Littlejohn was released from incarceration as a result of a previous conviction of voluntary manslaughter while armed. They further stated that when Littlejohn was previously released from prison, he “continued on a path of criminality”. They asked the court to “provide a just punishment to protect society”. 

Littlejohn’s defense attorney, Lee Smith, requested that the court sentence Littlejohn to the bottom of the sentence guidelines for each count. Smith began by reading a statement to the court on behalf of Littlejohn’s mother. In the letter, Littlejohn’s mother stated, “my biggest fear is that my son will be incarcerated for the rest of my life, and I’ll never see him again”. 

She also said, “Travis has a genuine heart” and “he is always thinking of others”. In her letter, the mother explained that Littlejohn has a serious heart condition, and that during his time in incarceration, he has not received proper or adequate treatment. She ended her statement by saying “I am begging and pleading for you to have leniency”. 

After reading the statement, Smith exclaimed, “The [prosecutor] is asking for a sentence that requires Littlejohn to die in prison”. He then argued that no one died as a result of the crime, and that the sentence the prosecution is requesting is unacceptable for this case.

Smith emphasized that he believes the court should sentence Littlejohn to the bottom of the guidelines for each count, which would result in 50 years incarceration. 

Littlejohn told the court that during his trial, nobody was able to identify him as the shooter and to consider this fact in his sentencing.

Due to a dispute about how to apply the sentencing guidelines, and a need for more time to review, Judge Raffinan continued the sentencing.

Parties are expected to reconvene Jan. 9.

Document: Man Killed in Southwest DC

The Metropolitan Police Department (MPD) is investigating the death of a man that occurred on Jan. 3, on the 1400 block of Canal Street, SW.

According to MPD documents, officers responded to the location for the report of found human remains, where they located adult human remains inside of a trash can. The Office of the Chief Medical Examiner (OCME) conducted an autopsy and ruled the manner of death a homicide.

The victim has not been identified, pending next of kin notification.

MPD offers a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each homicide in the District.

Document: Arrest Made in Thanksgiving Weekend Homicide

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a shooting that killed a man on Nov. 25, 2023, on the 1300 block of Florida Avenue, NE.

According to MPD documents, officers responded to the location for the report of a shooting victim, where they located a man being treated by DC Fire and Emergency Medical Services (DCFEMS). The victim was transported to a hospital, where he died from his injuries.

During the investigation, it was determined the shooting occurred on the 1700 block of Benning Road, NE.

He was identified as 34-year-old Daniel Lamont Adams.

On Jan. 4, pursuant to an arrest warrant, 40-year-old Andre Hicks was arrested and charged with first-degree premeditated murder while armed.

Document: Wanted Suspect Extradited and Charged for a Northeast Homicide

The Metropolitan Police Department (MPD) announced a wanted suspect has been extradited and charged in connection to a homicide that occurred on Nov. 16, 2023, on the 2200 block of New York Avenue, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a man with gunshot wound injuries. He was transported to a local hospital where he died.

The victim was identified as 38-year-old Carlos Javier-Blanco Fernandez.

On Dec. 4, pursuant to an arrest warrant, 23-year-old Eliexander Lopez-Burgos was arrested in Glendale, Colorado.

On Jan. 4, Lopez-Burgos was returned to the District, and was charged with first-degree murder while armed premeditated.

Prosecution Delivers Opening Statement in Non-Fatal Road Rage Shooting

On Jan. 4, prosecutors delivered opening statements and witness testimony in regards to a non-fatal shooting incident in DC Superior Court Judge Rainey Brandt’s courtroom. 

Kenneth Davis, 45, is charged with assault with intent to kill while armed, unlawful possession of a firearm by a prior convict, two counts of assault with intent to kill against a minor while armed,  assault with a dangerous weapon, and six counts of possession of a firearm during a crime of violence, for his alleged involvement in a non-fatal shooting that injured one individual on May 19, 2021, on the 1600 block of Eastern Avenue, NE. 

“On May 19, 2021, the defendant was in a road rage rampage,” said prosecutors in their opening statements. According to the prosecution, Davis was in his custom built dark gray Maserati when an individual attempted to merge into the traffic lane he was in, colliding with his vehicle. They allege that Davis grabbed a gun, got out of his car, and took aim, shooting a woman in a vehicle with her two underaged children, before firing several more shots at other bystanders. 

Prosecutors claimed Davis shot 13 times, aiming at five people at least in three different vehicles, injuring one. 

“The evidence will prove beyond a reasonable doubt that he is the Maserati shooter,” insisted the prosecutor, pointing at Davis in the courtroom. He alerted the jury they would see and hear things that relate him to his guilt. 

The mother and two kids were “just going about their day, having done nothing wrong,” stated the prosecution, before Davis fired at them at close range. 

According to prosecutors, the evidence, including cell site records which put Davis’ cell phone at the location of the incident at the time of the shooting, will prove his guilt. 

“The only verdict which is consistent with the evidence and demanded by the law is guilty on all counts,” concluded the prosecution.

Marnitta King, Davis’ defense attorney, reserved an opening statement. 

Prosecutors called on an eyewitness from the incident. According to the individual, she was driving on Eastern Avenue behind a black car when a Maserati, which was the car in front of the black car, was involved in a commotion with a Lexus. 

The witness told the jury that following the commotion, the driver of the Maserati exited his vehicle, tapped the Lexus with his hand, and began shooting at the Lexus multiple times. 

According to the witness, as the driver of the Maserati was walking back to his car, he shot at the vehicles in her direction, which caused the black car in front of her to reverse into her car as they tried to get away from the scene. 

In surveillance footage displayed in court, the black car can be seen reversing down Eastern Avenue as the Maserati follows close behind it, before each car goes their separate ways.

The witness told the court she called 911 after she composed herself. During the call, which was played in open court, the witness can be heard telling the dispatcher, “Oh my god… a man started shooting at everybody.” In shock, she says, she told the dispatcher the wrong location of the incident, but was able to tell them the shooter drove off in a Maserati. 

“I don’t know how I didn’t get hit by a bullet,” the witness could be heard telling the dispatcher. 

“This whole situation has changed my life,” she told the court during cross examination, when King questioned her about her involvement in the incident. According to the witness, she was not injured by gunshots on the day of the incident, but did endure back and neck pain in the following days, as well as severe anxiety, which made her previously diagnosed post-traumatic stress disorder (PTSD) worse. 

Prosecutors then called on another eyewitness to testify regarding the incident, who stated she has “a lot of anxiety” following the situation. 

The witness stated she was stopped at a red light, on the opposite side than the Maserati on Eastern Avenue, when she saw someone get out of their car while she was at the stop light. The individual walked up toward another vehicle and began to shoot. She ducked as he began to walk back to his vehicle, before she heard more gunshots being fired. 

The witness testified that a Lexus, which was the shooting target, was engaged in a fender bender with her vehicle as they tried to avoid being shot again. Because of the shooting, she said, she carried the boy who was in the vehicle that was shot to a building, as they awaited for police to arrive. 

Due to time constraints, the witness was unable to finish her testimony. 

Testimony is slated to continue Jan. 5.

Judge Accepts Doctor’s Competency Finding for Homicide Defendant 

On Jan. 4, DC Superior Court Judge Rainey Brandt alerted parties she was accepting a doctor’s findings that a homicide defendant was competent to withstand trial. 

Idrissa Fall, 37, is charged with first degree murder premeditated while armed, a bias-related crime, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction in connection to the murder of Dara Northern, 29, on the 6100 block of 4th Street, NW, on July 18, 2021.

Parties and the court received a report from a doctor at the Department of Behavioral Health (DBH) on Dec. 13, which stated doctors found Fall competent to stand trial. 

Kevin Mosley, Fall’s defense attorney, alerted the court he was not planning to contest or object to the findings, and is ready for trial to begin on May 6. 

Prosecutors told Judge Brandt they also agree with the report and are ready to proceed. 

Parties are slated to return on Feb. 27 for a trial readiness hearing. 

Angry Outburst Leads to Postponed Sentencing in Non-Fatal Shooting Case

On Jan. 3, DC Superior Court Judge Maribeth Raffinan continued a sentencing hearing in a non-fatal shooting case due to a defendant’s outburst. 

Dominic Copeland, 33, was convicted of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, aggravated assault knowingly while armed, and unlawful possession of a firearm for his involvement in a non-fatal shooting that left one individual injured on the unit block of N Street, NW, on April 26, 2019. He was acquitted of robbery while armed and one count of possession of a firearm.

His co-defendant, 31-year-old Artie Byrd, was acquitted of accessory after the fact for allegedly helping Copeland flee the scene in a white Toyota Camry soon after the shooting.

Before the sentencing, Copeland in an angry outburst said, “This case wasn’t even triable.”

‘You are insulting my intelligence by saying that was an honest guilty verdict”, and then shouted  “b**ch” at Judge Raffinan. 

As a result, Copeland was taken out of the courtroom, and the sentencing was postponed briefly.

Copeland’s appearance was waived for the duration of the proceeding. His defense attorney, Michael Madden, explained to the court that Copeland’s family feels he would be in a much better position if there was a more recent mental health diagnosis and evaluation done on him. 

However, Madden explained that Copeland hasn’t agreed to an interview with a psychologist. Madden further stated that the only person that Copeland will listen to is his father, and that he needed time for Copeland to speak with him.

Madden explained that Copeland’s father has agreed to meet with him at the DC jail to convince him to get an updated diagnosis. So, Madden requested a continuance for the sentencing.

The prosecution informed the court that they did not object.

Judge Raffinan granted the request.

Parties are expected to reconvene on March 22.

Data Shows 22 Homicides in December Ending The District’s Deadliest Year in Decades 

D.C. Witness data shows that in December 2023 there were seven non-fatal shootings and 22 homicides in the District. 

Of those 22 homicides, three were stabbings and the rest shootings. 

Most notably, 85-year-old Steven Schwartz was charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of his 81-year-old wife, Sharron Hilda Schwartz. The incident occurred in their residence on Dec. 10, on the 1300 block of Corcoran Street, NW. 

According to documents from the Metropolitan Police Department (MPD), officers responded to the location, where they located the woman with stab wounds and the man with self-inflicted wounds. Both were transported to a local hospital, where Sharron succumbed to her injuries. 

D.C. Witness reported on one mass shooting in December, which left two individuals dead and two injured. 

According to MPD documents, on Dec. 21, officers responded to the 1300 block of Half Street, SW, after receiving a  report of a shooting, where they located three men and a woman with gunshot wounds. 

The woman succumbed to her injuries at the scene, and the men were all transported to a local hospital, where one remains in treatment, one was released, and another one succumbed to his injuries. 

The victims were identified as 35-year-old Patricia Harris and 24-year-old Tyrone Jacobs

MPD is still searching for the individual or individuals responsible for the shooting. 

December put an end to the District’s deadliest year in decades. According to D.C. Witness data, there were 278 homicides for the year, a jump from the 219 homicides recorded in 2022, and the 177 homicides recorded in 2015. 

The graphs show that over 250 homicides occurred in DC in 2023, less than 100 individuals were arrested in connection to the incidents, and less than 50 were convicted.

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

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.