Probable Cause Ruling Delayed in Mother and Son Homicide Case 

By Adriana Marroquin - December 13, 2023
Daily Stories | Homicides | Shooting | Suspects | Victims |

On Dec. 11, DC Superior Court Judge Rainey Brandt continued a homicide defendant’s preliminary hearing to review evidence before making a probable cause ruling.

Emerita Garcia, 45, is charged with first-degree murder while armed for her alleged involvement in the death of 27-year-old Larry Thomas on Aug. 24, on the 3600 block of 16th Street, NW. 

Prosecutors argue Garcia aided and abetted her son, who is identified as Suspect-1 by the Metropolitan Police Department (MPD), by providing the gun used to kill Thomas, and ensuring he had a clear flight path following the shooting. He has yet to be arrested.

During the preliminary hearing, prosecutors called on MPD’s lead detective in Thomas’ homicide who said there are several surveillance videos that show the moments leading up to the shooting, and after the shooting. 

In surveillance footage displayed in open court, Thomas and Garcia’s son can be seen outside an apartment building at the location interacting with one another. According to the lead detective, Garcia’s son can be seen yelling something towards his mom’s apartment.

Thomas tries to go into the building, but doesn’t have a key fob. Thomas walks away from the suspect, and Garcia appears at the door with a bag. Her son is seen removing an object from the bag, and begins walking in Thomas’ direction.

According to the detective, as Garcia’s son walks away, a gun is visible in his hand. Moments after her son walks in the direction of Thomas, Garcia follows behind and the first shot is visible in the footage. 

The video does not show Thomas or the shooter, but a muzzle flash and the sound of a gunshot are observable. The detective said Thomas was shot two or three times, but that due to technical issues only the one shot was heard and seen. 

Prosecutors claimed that Garcia created a clear flight path for her son, arguing that propping open a gate and a door with a moped and a bottle, which cannot be opened from the outside, shows she knew what was occurring and deliberately helped her son. 

Jason Tulley, Garcia’s defense attorney, argued she did not have the intent to kill Thomas. Tulley claimed Garcia may not have been aware that the gun was in the bag she took to her son, and argued she was facing the other way when he removed it.

As for the prosecutor’s claim that Garcia secured a clear path for her son, Tulley argued the door to the building needs a key fob to go in, and she could have forgotten it and propped it open for herself. Likewise, for the gate, Tulley claimed the gate can’t be opened from the outside, and Garcia wanted to make sure she could get back home. 

Following parties’ arguments, Judge Brandt requested additional time to review all evidence presented to the court.

Parties are slated to return Dec. 13 for a probable cause ruling.