LOS ANGELES, Calif. — A Los Angeles County Superior Court judge denied a defense motion to dismiss a second-degree robbery charge Monday, finding sufficient evidence to proceed despite defense arguments that surveillance footage did not show the accused concealing merchandise or using force against a store employee.
Judge Deborah A. Horowitz also maintained bail at $225,000 following the preliminary hearing.
The accused faces one felony count of second-degree robbery stemming from a June 29 incident at Jons Fresh Marketplace, located at 5311 Santa Monica Blvd. Prosecutors also allege the accused committed the offense while released on bail or his own recognizance in another case and has a prior conviction.
Deputy District Attorney Robin Kumar Chand called Officer Steven Juarez-Reyes, who arrested the accused June 29, as the prosecution’s witness.
Juarez-Reyes testified that he responded to a robbery report at the marketplace and found several employees holding the accused on the ground outside the store.
After taking the accused into custody, Juarez-Reyes spoke with the store’s loss prevention officer, who described the events leading to the arrest.
According to Juarez-Reyes, the loss prevention officer reported seeing the accused enter the store, walk toward the liquor aisle and place bottles of alcohol inside a burgundy backpack.
The loss prevention officer reportedly confronted the accused and demanded that he return the bottles. The accused allegedly refused and continued walking toward the store’s entrance.
Juarez-Reyes testified that the loss prevention officer attempted to stop the accused and recover the backpack, leading to a physical altercation outside the store. Police were subsequently called.
Chand asked Juarez-Reyes whether he had reviewed surveillance footage of the incident.
The officer testified that he watched the footage, which showed the accused taking items from the store’s shelves, interacting with the loss prevention officer and walking toward the front of the marketplace.
During cross-examination, defense attorney James Hong questioned Juarez-Reyes about the circumstances of the arrest and whether the accused possessed the allegedly stolen merchandise when detained.
Juarez-Reyes confirmed that the accused was detained outside the marketplace and did not have a backpack or bottles of alcohol in his possession at that time.
Hong also questioned the officer about the physical altercation between the accused and the loss prevention officer.
Juarez-Reyes testified that the accused did not throw punches or attempt to headbutt the loss prevention officer during the confrontation.
Following the testimony, Hong moved to dismiss the robbery charge, arguing that the prosecution had not presented sufficient evidence to establish the elements of the offense.
Hong emphasized that the surveillance footage did not show the accused placing liquor bottles inside his backpack.
The defense also argued that the evidence did not establish the force or violence required for a robbery conviction, pointing to the officer’s testimony about the confrontation outside the store.
Judge Horowitz rejected the defense’s arguments, finding that the evidence of a physical struggle over the backpack was sufficient to allow the robbery charge to proceed.
The judge’s ruling allowed the case to advance beyond the preliminary hearing. It did not constitute a determination of guilt.
Horowitz maintained the accused’s bail at $225,000 and ordered the accused to return to court Nov. 16 in Department 117.
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