Witness Could Face Deportation in a Murder Trial

By Nick Pallotto [former] - November 9, 2023
Daily Stories | Homicides | Shooting | Suspects | Victims |

At a Nov. 8 status hearing before DC Superior Court Judge Maribeth Raffinan prosecutors and defense attorneys sparred about whether a murder witness facing deportation can testify in a deposition.

Oscar Ramos, 34, is charged with first-degree murder while armed, two counts of possession of a firearm during a crime of violence, and assault with intent to kill while armed, for his alleged involvement in the fatal shooting of 50-year-old Pedro Alvarado on  May 28, 2015, on Interstate 295 North at exit one, SW. The incident left another individual suffering from non-life-threatening injuries. 

Ramos was indicted on Sept. 30, 2021, six years after the shooting occurred and arrested on April 20, 2022. 

According to court documents, the prosecution filed a motion on Nov. 2 to allow a witness to give a deposition at trial on March 18, 2024.  The sworn statement would be in lieu of an in person appearance.

The prosecution stated in the motion that they want the witness’s testimony since the individual was inside Alvarado’s car, which was allegedly shot at multiple times by Ramos. 

According to prosecutors, the witness’ testimony is important because he will detail statements allegedly made by Ramos during the shooting as well as seeing Ramos destroy evidence about the shooting sometime after the shooting happened. 

When the witness was served with a subpoena by prosecutors, a United States Immigration Judge ordered that the person deported since he is not a U.S. citizen. The ruling was affirmed on appeal.

Prosecutors argued in the motion that there is not a DC Court of Appeals precedent that addresses a witness’s likely deportation or eventual removal from the U.S. before a trial; therefore, a pretrial deposition would be “in the interest of justice.”

The witness, who had been held by U.S. Immigration and Customs Enforcement (ICE), is now being held by the DC Department of Corrections, on an order requiring the person to testify in the trial. 

The prosecution stated that when the U.S. Marshal Service initiated the transfer of custody, the witness was already held in the custody of ICE, and was scheduled to be put back on a flight to their country of origin.

DC law permits a material witness to testify in a deposition if further detention isn’t necessary “to prevent failure of justice.”

According to the prosecution, if the witness is released, the U.S. Marshal Service is compelled to return him to ICE, who will remove him from the country. They also argued that, if released, it is “substantially likely he won’t appear” in the trial. 

Camille Wagner, Ramos’ defense attorney, stated they will file an opposition to the prosecutor’s motion by Nov. 9 

Judge Raffinan scheduled a hearing to address the motions. 

Parties will reconvene Nov. 17.