Affidavit Remains Sealed In Montauk Ave. Murder

With one of two suspects in a still at large, a judge granted an order on Monday keeping the police affidavit on the murder sealed.

Judge Patrick J. Clifford granted the state motion on Monday during the first appearance by 20-year-old Evan Holmes in the . Holmes is accused of shooting and killing 25-year-old Jorge Rosa at an apartment at 252 Montauk Ave.

Holmes is charged with murder, home invasion, and first-degree burglary. He was arrested at an Old Saybrook hotel room later in the day on Nov. 12. Police also said they were seeking 18-year-old Davion Smith, of 93 State Pier Road, on the same charges. Smith remains at large.

The affidavit will remain sealed until at least Jan. 10.

Clifford was also prepared to appoint counsel for Holmes, but this matter was put off until Dec. 6. Bruce Sturman, a public defender representing Holmes at the Monday’s proceedings, said a special court-appointed attorney will have to be appointed due to a conflict of interest in the public defender’s office.

The issue of a conflict of interest came up at Holmes’ first appearance at the . At that appearance, Judge Kevin McMahon and set his bond at $500,000 cash.

Holmes had been released from prison on Nov. 3 following the partial completion of a sentence for second-degree assault. He had been ordered to serve 18 months of a five-year sentence for shooting then 17-year-old Idris Elahi—now one of six defendants in the October 2010 murder of Matthew Chew—in the foot in April of 2010.

Holmes’ appearance occurred on the same day as Rosa’s burial. Some of Rosa’s family and friends were in the courtroom and taunted him as he was escorted out.

“You’re gonna die in prison,” one said.

“You’re gonna rot there,” another added.