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Judge Finds Substantial Probability in Murder Case that Occurred Earlier This Year

DC Superior Court Judge Milton Lee ruled that a fatal shooting case has enough evidence to go to trial. 

On the night of Jan. 21, Metropolitan Police Department detectives located 20-year-old Marquette White Jr. suffering from an apparent gunshot wound on the 3800 block of Commodore Joshua Barney Dr, NE. He was later pronounced dead at the hospital the same night. 

On April 28, Maurice Williams, 19, and Seaun McDowney, 18, were arrested in Georgia and charged with first-degree murder while armed.

“The elements in front of me give me little doubt about who was in that car,” Judge Lee said. “Mr. Williams has repeatedly told people that he was the one who shot Mr. White. The decedent is heard saying Moe several times and a third voice is heard in the audio saying ‘get up.’ The evidence is substantial.”

During the defendants’ preliminary hearing on July 12, video footage from the front of a residence on the 3800 block of Commodore Joshua Barney Dr, NE showed a man, who officers identified as McDowney, walking away from the residence and getting into a dark colored vehicle. Minutes later the same vehicle is seen parallel parking into a parking spot in front of the home. 

Another person, who is identified as the victim, is seen walking around the front of the residence on the cellphone. 

“Seaun be starting shit bruh,”White said to another unidentified individual.“Seaun said you said that I was a bitch ass nigga, I’m tryna see whats up with that.” 

In another video from another angle, an individual , who officers identified as White, is seen entering the dark colored vehicle that was parked at the front of the residence. 

The lead MPD detective testified that through the course of the investigation witnesses said McDowney, Williams, and White were all in the vehicle during the homicide. 

In another clip, White is heard begging for his life. “I can’t breathe, stop, no.”

The car horn is heard going off at least twice as well as a gunshot. 

Judge Schedules Another Trial Readiness Hearing Due to DNA Testing Delays 

DC Superior Court Judge Marisa Demeo scheduled a second trial readiness hearing after delays with finalizing evidence. 

Leonard Smith, 36, is charged with first-degree murder while armed with a knife and carrying a dangerous weapon for allegedly stabbing 25-year-old Leonte Butler to death on March 11, 2017. According to court documents,  Metropolitan Police Department (MPD) officers discovered Butler with multiple stab wounds to the head and torso lying in an alley on the 4000 block of South Capitol Street, SE. He was pronounced dead at the scene. 

The case went to trial in November 2019, but it resulted in a mistrial.

At the July 12 hearing, the prosecution advised that it expects to receive DNA test results in the coming days despite being informed that the results would be ready by July 11. The prosecution tested swabs taken from blood stains in the alley where Butler was found and from Butler’s jacket.  

The defense is awaiting the results before potentially filing to independently test if the DNA test results do not implicate Smith. 

There is a video that has yet to be authenticated. Both parties indicated that they were attempting to locate the witness associated with the video but had made no recent developments. 

“We probably have to exhaust a few avenues before we ask for a court ruling on that,” defense attorney Anthony Matthews said. 

The prosecutor said he still had not found an answer as to whether or not an employee of the DC Department of Forensic Sciences (DFS) who processed the crime scene may have been terminated.

“I hope to have an answer in a few weeks,” the prosecutor said. 

“It sounds a bit odd,” Judge Demeo told the prosecutor. “There must be something else going on behind that… It shouldn’t take weeks to do it.” 

“I don’t know if this is a useful way to be using court time, ” Judge Demeo added. “Find the answer… This is not complicated and I don’t know why it isn’t.” 

The defense raised a concern that the lead detective assigned to the case has since been assigned to investigate vehicular fatalities, but the prosecution clarified that this move was not a demotion. 

Judge Demeo urged the attorneys to resolve any discovery matters as soon as possible. 

“I really need to know if this trial is going to go ahead as scheduled,” Judge Demeo said. 

The trial is currently scheduled to begin Sept. 28. Judge Demeo scheduled another trial readiness hearing for Aug. 5. 

Judge Demeo also granted the defense’s motion to allow Butler to take a four-day vacation to Ocean City, Md. because he has been in compliance with his release conditions since he was released a from a halfway house in March 2020.

Document: Man Shot in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on the 2000 block of Ridgecrest Court, SE.

At approximately 7:42 a.m., on July 13 officers located Kevin Gill, 22, inside of a vehicle suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Parties Request More Time to Test and Review DNA Evidence in 2020 Homicide Robbery Case

DC Superior Court Judge Robert Okun granted parties more time to conduct additional DNA testing in a murder case. 

Nathaniel Bates, 37, is charged with first-degree murder while armed for allegedly shooting 28-year-old Eddie Crist on the 4000 block of South Capitol Terrace, SW, on May 8, 2020.  According to court documents, members of the Metropolitan Police Department (MPD) found Crist on the sidewalk suffering from multiple gunshot wounds. 

In addition to first-degree murder, Bates is also charged with robbery while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm. 

During a hearing on July 12, the prosecutor told Judge Okun she intended to conduct additional testing on blood splatters but did not know when to expect results. 

Defense attorney Pierce Suen requested the prosecution submit the testing results as soon as possible, citing Bates’ significant length of detention and the upcoming trial date in April 2023. 

“If the prosecution is able to expedite the results, that would be best,” Suen said. 

The parties are scheduled to reconvene on Nov. 4 to discuss the results. 

Man Turns Himself in Twice After Stabbing Pregnant Daughter’s Sexual Abuser

Huey Bandy, 51, was charged with first-degree murder, however Judge Robert Okun lowered the potential charge to second-degree-murder due to not enough probable cause for the former charge.

On June 6, Bandy was shown a video of his 18-year-old pregnant daughter being sexually abused. The next day, Bandy stabbed 60-year-old Orlando Murphy four times in the chest while yelling at him to leave his home.

Immediately following the stabbing, Bandy realized what he had done and turned himself in to the police. Not once but twice: the first time being rejected, then another time after making an appointment with the lead detective to come back in.

“I didn’t mean to kill him,” Bandy said during his interview with the detective. “This wasn’t supposed to happen.”

The courtroom was filled with family and community members, including a pastor at the Church Bandy attends.

Judge Okun said the strong community and family presence, as well as a small, nonviolent criminal record from 30 years ago, were both significant factors in his decision to release Bandy rather than hold him.

After being placed under the High Intensity Supervision Program with GPS monitoring, and given a standard curfew, Bandy will reside with his sister until further notice.

He was released following no reason for a flight risk for turning himself in nor being a danger to the community due to the unique situation of the crime that is extremely unlikely to happen again, the judge said.

Bandy’s next court date is a status hearing scheduled for Oct. 28.

Judge Finds Probable Cause For Second-degree Murder in 2021 Shooting 

DC Superior Court Judge Maribeth Raffinan found probable cause for second-degree murder defendant in connection to a 2021 shooting but denied the prosecution’s request to find probable cause for first-degree murder.

Jordan Jones, 21, is charged with first-degree murder while armed in connection to the Oct. 11, 2021, shooting of 18-year-old Noel Prince Nicol on the 2000 block of Savannah Place, SE. According to court documents, Metropolitan Police Department officers found Nicol’s body slumped over in the driver seat of his blue Chevrolet Malibu three days after his murder on Oct. 14, 2021. An autopsy confirmed that Nicol suffered two gunshot wounds to the head. 

During the July 11 preliminary hearing, the prosecutor alleged that Jones arranged to meet Nicol to purchase marijuana and then shot him twice from the passenger seat of Nicol’s car.

The lead MPD detective testified that Jones’ phone location was “consistent with him being in the area of the murder.” Nicol’s cell phone records also indicate that Jones was the last person he spoke to on the night of his death. 

To corroborate the cell phone data, the prosecution played video surveillance from the crime scene. In the video, three individuals are seen approaching Nicol’s car. Jones is seen entering the vehicle through the passenger door, while the other two individuals are seen continuing down the street. 

The detective said, based on the trajectory of the bullets and the stippling, forensic evidence suggested that the shots were fired from the passenger side of the vehicle.

During cross-examination of the detective, defense attorney Anthony Matthews raised doubt about the witness’s testimony because he relied on the medical examiner’s opinion. Matthews also questioned the certainty with which the detective ruled the death a homicide.

“Charitably, it was a little less than expert,” Matthews said of the detective’s testimony. 

The defendant confessed to being inside Nicol’s car in a post-arrest interview, but his account of what happened is inconsistent with an additional video that appears to show a silver vehicle driving down the 2000 block of Savannah Place, SE before promptly turning down an alley and driving away. 

“The defendant stated that shots were fired from the silver vehicle into the Chevy Malibu,” the witness said. “This is not consistent with the evidence on video.”


Although the murder weapon was never recovered, the detective stated that two 9mm cartridges were recovered from the scene. Instagram direct messages suggest that Jones purchased a 9mm handgun – consistent with the murder weapon – the night before the murder. 

“There were direct messages between Mr. Jones and another user on Instagram to buy a Glock 9mm handgun,” the detective said. “They arranged to make the purchase the night before the murder.”

The prosecution argued that these messages supported a premeditation theory.

The witness also testified that the location of blood spatter indicated that the door was ajar as Jones allegedly fired at least one of the shots. The prosecution asserted that Jones was exiting the vehicle, suggesting that the defendant’s life was not threatened because two shots were fired. 

Judge Raffinan agreed that this evidence supported probable cause. She said the evidence suggests that Jones played a role in the murder but did not find it sufficient to show premeditation.

Matthews also argued that the murder may have been committed in self-defense, suggesting that there was a high probability that Nicol was armed because he was known to sell marijuana. 

“I don’t know if he carried guns, but I know he had large amounts of cash and drugs,” Matthews said. “If I were to switch careers, I would look into investing into a 9mm firearm. Someone is always out to take what you have.”

However, there is no evidence on the record that Nicol was armed, causing Judge Raffinan to reject the case for self-defense.

“On a probable cause standard, I think the government has shown he was present for the shooting,” Judge Raffinan said.

The defense asked that Jones be released under the High Intensity Supervision Program (HISP) to allow him to seek comprehensive mental health treatment, but Judge Raffinan denied the request. 

“I think with regard to the question of dangerousness and related to his prior convictions, combined with the nature and circumstances of the case and the strength of the government’s case,” she said, “I don’t find that there are any conditions that can assure the safety of the community.”

Judge Raffinan scheduled a status hearing for Oct. 6. Matthews indicated that he would file a motion to reconsider bond review in the interim.

Murder Defendant Will Execute Right to Test DNA

A homicide defendant decided to proceed with independent DNA testing after the prosecution’s DNA test results were returned. 

D’aundrey Scott, 28, is charged with first-degree murder after allegedly igniting a fire that killed 62-year-old Darryl Finney on May 13, 2020, on the 900 block of H Street, NE.

According to court documents, the defendant threw a firebomb at the victim.

During the July 13 hearing, the prosecution informed the defendant and his attorney Roderick Thompson along with DC Superior Court Judge Milton Lee that test results of DNA recovered by police have returned. The defense then informed the parties that they will go forward with their right to individually test DNA.

Judge Lee scheduled a status hearing for Sept. 23 to check in on the progress of the defense’s DNA testing. 

Judge Modifies Child Sex Abuser’s Release Conditions

DC Superior Court Judge Maribeth Raffinan decided to modify July 13 a child sex abuser’s release conditions. 

A 23-year-old man has been charged with two counts of first-degree child sex abuse and one count of second-degree child sex abuse. The charges stem from the defendant’s alleged sexual abuse of his 5-year-old and 7-year-old nieces. According to court documents, the abuse spanned multiple years, resulting in one of the victims contracting chlamydia. 

Defense attorney Julie Swaney requested that the defendant be placed on personal recognizance instead of under the High-Intensity Supervision Program (HISP), easing the conditions of his release. Swaney noted, according to pre-trial services reports, the defendant has been compliant with his release conditions for almost 5 months. 

Swaney also called for alterations to the defendant’s stay-away-order, including a request to allow the defendant to virtually call his 5-year-old son. 

Both prosecutors and Judge Raffinan agreed to the stay-away-order modifications,  emphasizing that the contact was strictly limited to virtual meetings.

Yet, Judge Raffinan denied Swaney’s request to move the defendant to personal recognizance, citing concerns about the severity of the charges.

“I’m not inclined to remove him from high intensity,” Judge Raffinan said.

Judge Raffinan also agreed to modify the defendant’s curfew, if work hours require a modification. 

The defendant’s next hearing is scheduled for Nov. 4.  

Judge Grants Continuance Sentencing

Defense counsel for a man convicted of murder requested a continuance July 11, so he could consult with his client on whether the defendant would like to withdraw his guilty plea.

After more than three years of pretrial detention, Stephon Evans entered guilty pleas in both cases during his most recent hearing on April 8. He pleaded guilty to voluntary manslaughter while armed in 22-year-old Michael Taylor’s death and carrying a pistol without a license in the case of 21-year-old Dion DeMarco Boyd on July 30, 2018. Boyd was killed on the evening of July 30, 2018, while Taylor was killed on Jan. 12, 2019. Both men were shot in Northeast, DC.

During the July 11 sentencing, Evans’ defense attorney, Jesse Winograd, objected to the mother of one of the victims providing an impact statement. 

Winograd said there is “no mention whatsoever of any knowledge of Mr. Boyd’s death” on the part of Evans. “Mr. Evans only admitted conduct was possession of a gun.”

DC Superior Court Judge Robert Okun allowed Boyd’s mother to speak. 

Other victim impact statements were read by Taylor’s four family members. They all provided an emotional appeal to Judge Okun and addressed the defendant directly. 

“Sorry to the people I have caused hurt or pain to” Evans said.

After considering counsel arguments and victim impact statements, Judge Okun sentenced Evans to two concurrent sentences of 12-years for voluntary manslaughter and one year for carrying a pistol without a license.

According to Winograd, the request addresses factors that were considered at the time of the sentencing, including the defendant’s connection to Boyd’s case. Winograd said Evans never pleaded guilty to any involvement in that case.

The prosecution was hesitant about a continuance since the court already signaled what the sentencing would be. Nevertheless, the judge granted the continuance and did not impose the sentence. 

Judge Okun scheduled a status hearing for July 28. 

Judge Schedules trial Readiness Hearing For Defendant Accused of Killing One-Year-Old Child

DC Superior Court Judge Rainey Brandt scheduled a trial readiness hearing for a man accused of killing his partner’s one-year-old child. 

On May 16, 2018, emergency personnel responded to an apartment on the 4700 block of Benning Road, SE, following a 911 call that reported an unconscious child. First responders found the child, Carter Sanders, and rushed him to a hospital, where he was later pronounced dead. A medical examiner ruled his death a homicide caused by blunt force trauma to the head, according to court documents.

Brian Wooden is charged with felony murder and cruelty to children. The 32-year-old defendant has been released under the High Intensity Supervision Program (HISP) since July 2019.

During the July 8 hearing, defense attorney Marnitta King told the court that she has an expert coming from California for the upcoming trial that is scheduled in April 2023. 

Both parties said they were ready for trial. 

The next hearing is scheduled for Dec. 9.

Judge Denies Defendant’s Request for New Counsel in 2018 Drive-By Shooting

DC Superior Court Judge Robert Okun addressed several attorneys’ motions to withdraw and potential counsel conflicts in a 2018 drive-by shooting case. 

Codefendants Qujuan Thomas, 23, and Gregory Taylor, 26, are charged with first-degree murder while armed in connection with the shooting of 10-year-old Makiyah Wilson on July 16, 2018, on the 300 block of 53rd Street, NE. The shooting is alleged to have resulted from a neighborhood rivalry.

Thomas and Taylor are also charged with conspiracy, possession of a firearm during a crime of violence, criminal street gang affiliation and assault with intent to kill while armed. 

During court proceedings on July 12, Taylor requested Judge Okun appoint new counsel to replace defense attorney Jonathon Zucker. Thomas alleged there was a conflict of interest due to Zucker’s prior representation of Thomas.

“I don’t think there’s an actual or potential conflict of interest with Mr. Zucker’s prior representation of Mr. Thomas,” Judge Okun said, denying Taylor’s request.

However, Judge Okun continued the investigation into a potential conflict of interest between Taylor and Zucker due to Zucker’s prior representation of another defendant separate from this case. 

In a previous hearing on June 17, Judge Okun appointed defense attorney Samuel Bogash to investigate the conflict. 

On July 12, after asking the defendant several questions virtually, Bogash told Judge Okun he would need to meet the defendant in person before making a determination. 

Judge Okun then considered Taylor’s defense attorney Wole Falodun’s motion to withdraw from the case.

While Judge Okun indicated he was inclined to grant Falodun’s motion, he was concerned about whether Taylor would have proper representation during an upcoming July 29 hearing. 

Judge Okun decided to grant Thomas’s defense attorney Kristin McGough’s motion to withdraw and appointed Julia Sawney as the defendant’s new counsel. 

The parties are set to reconvene on July 29 to resolve the conflict-of-interest matter between Taylor and Zucker. 

Jury Enters Deliberations for 2017 Homicide Trial

The jury for a murder case entered deliberations after a month-long trial.

Co-defendants Saquan Williams, 20, and Quincy Garvin, 22, are charged with conspiracy, first-degree murder while armed, possession of a firearm, and criminal street gang affiliation in connection to the shooting of 24-year-old Carl Hardy on the 1200 block of I Street, SE, on Sept. 10, 2017. Hardy later succumbed to his injuries on Oct. 1, 2017, at Prince George’s Hospital Center in Maryland. 

The trial began on May 31 and ended on July 8. The prosecution’s case-started on May 31 and ended on July 6. Williams and Garvin’s defense case- ended on July 7. 

On July 11, the prosecutors and defense attorney Kevin Robertson submitted their exhibits for the jury to review during their deliberations. 

The jury is expected to continue deliberating on July 12. 

Murder Trial Resumes with Prosecutors calling Witnesses to Testify

A homicide trial continued on July 11 with the prosecution calling five witnesses to the stand. 

Torey Stockton, 24, is charged with first-degree murder while armed for his alleged role in a drive-by shooting that killed 23-year-old Jasmine Light and injured three other people on Jan. 17, 2018, on the 1500 block of U Street, SE. 

In addition to first-degree murder, Stockton is also charged with three counts of assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, and one count of obstruction of justice. His co-defendant, Kayla Thompson, is also charged with obstruction of justice for allegedly helping Stockton remove evidence. 

The prosecution called an expert in forensic acoustic analysis, who works for Shot Spotter, a company that builds and operates microphones that locates and records gunshots.

According to the expert, the system picked up the sound of 14 gunshots at 11:07 a.m. on Jan. 17, 2018. Upon analysis, the expert ruled the location of the shots to be at the intersection of U street and 16th street, SE.

According to the expert, the gunshots occurred within around 3.8 seconds, with none of the shots occurring at the same time.

The prosecution then called an expert in firearms, ballistics, and toolmark examination who analyzed 15 casings and 8 bullet fragments.

“In my opinion, they [the cartridge casings] were all fired by the same firearm,” the firearm expert said.

The expert also ruled that three of the fragments were fired by the same firearm, but the rest were too damaged for him to make definitive conclusions. 

A forensic crime scene analyst for the Department of Forensic Science (DFS) testified to photographing injuries and collecting clothing from the three hospitals where victims were located.

The prosecution showed photographs of the injuries and asked the witness if all the injuries were consistent with bullet wounds.

She said yes.

The prosecution called a custodian of records for Facebook and Instagram to the stand to verify the accounts of Stockton. The prosecution then showed multiple photos, videos, and messages Stockton sent on instagram, including him waving around guns. 

DC Superior Court Judge Marisa Demeo scheduled the trial to resume on July 12.

Judge Finds Probable Cause in Homicide Case

DC Superior Court Judge Milton C. Lee found probable cause in a 2021 homicide case after testimony from the lead detective at a July 7 preliminary hearing. 

Alvin Alexis Cruz-Garcia, 24, is charged with second-degree murder in connection to the 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 p.m. 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. 

“This homicide is on video,” the prosecution said. “There’s no question what happened.” 

The footage appears to show Gomez-Yanez sitting in his vehicle from the time he parked at 7:50 p.m. to the time he exited the vehicle and entered the convenience store at 8:23 p.m. Three minutes later, the suspect, wearing red shoes with white soles and a Washington Nationals baseball cap, appears to approach and urinate near Gomez-Yanez’s vehicle. 

Gomez-Yanez is then seen exiting the store with two cans of beer and approaches the suspect. Although there is no audio, Gomez-Yanez and the defendant appear to have a conversation before the suspect punches the victim in the face, causing him to fall to the ground. 

The detective stated that MPD could not identify the suspect directly from the crime scene footage. MPD did, however, review surveillance footage that appeared to show the suspect, who was wearing the distinctive red and white shoes and Washington Nationals hat, exit Columbia Heights Metro Station at 8:13 p.m. on the evening of the incident. 

The witness said MPD was then able to determine the unique number of the suspect’s SmartTrip metro card and track its movement throughout the city. The detective testified that he reviewed footage of the suspect, wearing the same distinctive hat and shoes, on the metro around the time of the homicide. 

According to the detective, one of the videos recovered from video surveillance depicted the suspect, who was wearing the same hat and shoes, rent a Lime scooter outside of the Archives/Navy Memorial Metro Station. The witness reviewed data records sent by Lime, which revealed the account used to rent the scooter was registered under Cruz-Garcia’s name. 

The detective testified that MPD responded to an address associated with Cruz-Garcia, where officers encountered another witness, who identified the suspect as Cruz-Garcia when shown screenshots taken from metro video surveillance. The witness also identified themself from footage depicting other individuals using the same SmartTrip card and referred to Cruz-Garcia as a family member. 

During cross-examination, defense attorney Kevann Gardner attempted to elicit that the murder was committed in self-defense, saying “the decedent was clearly the aggressor.”

The detective testified that Gomez-Yanez’s blood-alcohol level was higher than the legal limit to drive at the time of his death and there was a visible knife clipped to the victim’s waistband. 

The detective also said another witness observed Gomez-Yanez on the phone in the convenience store. According to the detective, the witness told him that, although he did not speak Spanish, Gomez-Yanez seemed angry while on the phone.

“[Gomez-Yanez] is not only bigger, stronger, drunk and upset, he is armed, armed with a knife,” Gardner said. “The decedent walked around the vehicle to confront Mr. Cruz-Garcia. He did that because he wanted trouble… their noses were touching.”

“[Cruz-Garcia] had every reason to fear for his life,” he said. “There is a good self-defense case here.”

Judge Lee rejected the self-defense argument, saying the issue of direct identification from the footage of the crime would inform his decision. 

“This really is a case about identification,” Judge Lee said. “I don’t have any evidence on the record about an imminent threat.

“There is no indication that he used [the knife],” Judge Lee continued.

“The government has not made an identification that arises to probable cause that pertains to Mr. Cruz-Garcia,” Gardner said, explaining that only one witness identified the defendant from surveillance footage and that witness did so from footage of the metro and not from the crime scene.

In rebuttal, the prosecution insisted that the particularity of the Washington Nationals hat and the red shoes with the white soles in all surveillance footage was sufficient evidence to identify the defendant. 

“This is a case where best evidence would not be the best way to characterize it,” the prosecutor said. “It would be a connecting of dots that all point to Mr. Cruz-Garcia committing the murder.”

Referencing the close relationship of a witness to Cruz-Garcia and the supplemental evidence of the linkage of Cruz-Garcia’s name to the rented Lime scooter, Judge Lee ruled that the identification was “sufficient for probable cause” and ruled that the case had enough evidence to move to trial. 

The prosecutor asked that Cruz-Garcia be detained while awaiting trial. 

“The decedent’s arms were by his side when the defendant punched him and he fell to the ground,” the prosecutor said. “When he falls, there are no attempts to get up… [Cruz-Garcia] braces himself against the car to make his kicks stronger, more accurate. It’s that methodical assault, the malice, the conduct that shows part of his nature to the court of what he is capable of… that is an extreme concern for the community.”

The prosecution also raised concerns that Cruz-Garcia would flee the country if released. Cruz-Garcia was apprehended on May 13 by U.S. Border Patrol in Douglas, Ariz. and was extradited to Washington, D.C. on June 7 to fulfill the outstanding DC Superior Court arrest warrant for homicide. 

“[Cruz-Garcia] left the U.S. soon after the homicide,” the prosecution said. “Your honor can infer that he fled and then re-entered illegally.” 

Veronica Guerrero, Cruz-Garcia’s immigration defense attorney, clarified that Cruz-Garcia is not charged with illegal re-entry.

“He did not know he was being charged with a crime,” Guerrero said. “He went to go see his dying Grandma. I don’t think he should be penalized for being a caring grandson.”

The defense requested that Cruz-Garcia be released under the High Intensity Supervision Program because he has no prior criminal history, but Judge Lee fervently rejected that idea in favor of detention, citing his concerns that Cruz-Garcia is a flight risk.

“Not a chance,” Judge Lee said. “How do I assure his appearance in court since he seems to freely leave the country through irregular channels? There’s no way to keep him from leaving the country. GPS will never solve that problem.”

Cruz-Garcia is scheduled for a felony status conference on Oct. 28.

Preliminary Hearing Starts with Detective’s Testimony

A lead detective of the Metropolitan Police Department testified on the events of a homicide on July 11.

Huey Bandy, 51, is charged with first-degree murder after allegedly stabbing Orlando Murphy on the 3600 block of Brothers Place. According to court testimony and video evidence, the victim drove up to the defendant’s house. After engaging in what appears to be a verbal altercation, the defendant allegedly reached into a car and stabbed the victim multiple times.

The lead detective was shown surveillance images from cameras across the street of the homicide along with parts of the video of Bandy’s interview with the police.

Footage showed Bandy kneeling down on the floor and asking God for forgiveness.

The lead detective testified to the phone call that she received from two mental health professionals who were treating the defendant, informing her that the defendant had admitted to the murder. 

The lead detective also had a separate phone call with the defendant who said he would turn himself in to the police the next day, she said. Bandy turned himself the next day.

On cross examination, it was revealed that the defendant said he blacked out during the stabbing.

The defense also mentioned the missing footage that the police were unable to obtain because the video’s owner has obtained counsel and will not engage with the police.

DC Superior Court Judge Robert Okun scheduled the preliminary hearing to continue on June 12.