DC Superior Court Judge Renee Raymond found probable cause in a carjacking case after a defendant rejected a plea agreement at a preliminary hearing on Feb. 23.
Antwoin Rivers, 35, is charged with unarmed carjacking for his alleged involvement in stealing a moped on the 900 block of 17th Street, NE, on Sept. 3.
The prosecution extended an agreement that would have required Rivers to plead guilty to one count of robbery and one count of unauthorized use of a motor vehicle for a maximum sentence up to 17 years in prison. Both counts would run concurrently. According to the DC Sentencing Commission’s sentencing guidelines, the sentence for robbery ranges between 18- to- 60 months in prison.
During the hearing, the arresting officer testified that another off-duty officer allegedly witnessed Rivers pushing a victim off a moped and fleeing the scene. Neither officer checked the vehicle’s registration before pursuing Rivers.
The arresting officer attempted a traffic stop, but Rivers allegedly refused to comply, prompting a chase which ended in a parking lot where Rivers crashed the moped into the arresting officer’s patrol car.
Rivers’ defense attorney, Patrick Nowak, argued the prosecution’s case was built on inferences rather than direct observations. He highlighted that the arresting officer relied on “word of mouth” from the other officer noting the moped’s registration.
He also argued that because the arresting officer briefly lost sight of the suspect for five minutes, the identification of Rivers was compromised. The defense asked Judge Raymond to rule against probable cause, asserting unverified accounts of the incident created reasonable doubt.
The prosecution argued that the “five- minute window” of losing sight of the suspect was “miniscule” and not enough of a gap to be relevant. They addressed the identification issue by stating the registration on the moped was not important because it was taken by force.
As a result, the prosecution asked the judge to find probable cause.
Judge Raymond sided with the prosecution, ruling that probable cause was established. The judge dismissed the defense’s argument regarding the time gap when following the suspect.
“There was no issue at all with identification,” Judge Raymond said, given the short period of time.
Parties are slated to reconvene on March 31.
