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Probable cause found that off-duty cop fired gun at trans women

Judge orders D.C. officer held without bond

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Gay News, Washington Blade, Crime

A D.C. Superior Court judge on Sept. 2 ruled that prosecutors established probable cause that an off-duty D.C. police officer committed an assault with a dangerous weapon for allegedly firing a pistol at three transgender women and two male friends during an Aug. 26 incident in Northwest Washington.

Judge Ann O’Regan Keary ordered Officer Kenneth Furr, a 21-year veteran on the force, held without bond pending his trial. Keary said evidence presented by police and prosecutors showed that releasing the officer would pose a danger to the community.

The judge’s ruling came during a preliminary hearing in which First District police Det. James Freeman provided detailed testimony about his investigation of the incident.

Freeman testified that the victims and at least two D.C. police officers who were in the vicinity of the shooting reported that Furr stood on the hood of a car in which the victims were sitting and fired at them through the windshield.

He said witnesses and the victims reported that the incident began about 4:40 a.m. at a CVS drug store at 400 Massachusetts Ave., N.W., when Furr and one of the shooting victims reportedly got into a “verbal altercation.”

Transgender activist Jeri Hughes said one of the transgender women involved in the incident told her the verbal altercation inside the CVS store started when Furr approached one of the transgender women and invited her to engage in sex. Furr reportedly became angry when she turned him down, Hughes said, prompting the woman’s male friend to exchange words with Furr in an effort to get him to leave the woman alone.

Freeman testified that Furr and the same person who argued with Furr inside the CVS store exchanged words outside the store a short time later while Furr was sitting in his car parked nearby.

According to Freeman, Furr reportedly retrieved a handgun from the glove compartment of his car, pointed it at the person and threatened to shoot the person, who is believed to be one of the male friends of the trans women.

The same person returned to the CVS store and told a security guard that Furr had threatened him with a gun, a police affidavit says. The victim then met up with the other four people, including the three transgender women, and all five got into one of their cars and followed Furr, who drove away in his car, Freeman testified.

When both cars reached the intersection of First and Pierce streets, N.W., Furr jumped out of his car and began to shoot at the car where the five others were riding, Freeman told the court hearing. The shooting prompted the driver to crouch down to avoid being hit, causing the car he was driving to collide with Furr’s car, Freeman said.

That’s when Furr apparently climbed on the hood of the other car and fired his gun through the windshield, the victims and police witnesses reported.

Police and transgender activists who spoke with at least two of the victims said two of three transgender women in the car suffered non-life threatening gunshot wounds during the incident. Transgender activists said one of two male friends who were in the car was also was struck and suffered serious but non-life threatening wounds. All three were treated in area hospitals, the activists said.

In his testimony at the Sept. 2 hearing Freeman recounted details from a police affidavit he prepared that lists each of the five people in the car as unidentified witnesses. Neither the affidavit nor Freeman during his court testimony mentioned that three of the five people in the car at which Furr allegedly fired his gun were members of the transgender community.

News that some of the victims were members of the transgender community emerged from a police news release on the day of the incident. Deputy D.C. Police Chief Diane Groomes made personal calls to LGBT activists shortly after 5 a.m. on Aug. 26, just minutes after the incident occurred, to inform them of what happened and to note that police and the department’s Gay and Lesbian Liaison Unit were investigating the incident.

Assistant U.S. Attorney Lara Worm argued at the court hearing that police provided sufficient evidence that probable cause exists that Furr committed an assault with a dangerous weapon two times – once when he pointed the gun at one or two of the victims outside the CVS store and another time when he fired his gun at the victims while they were in their car.

Furr’s defense attorney, Harold Martin, told Keary accounts of the incident by various witnesses appeared to differ, making it difficult to determine the events that led to the shooting. He noted that the car in which the five people were riding followed Furr in the “wee hours of the morning” and Furr had a legal right to defend himself if he believed he was in danger.

He also pointed to the police affidavit’s assertion that one of the victims admitted to being drunk at the time of the incident and another victim admitted to having smoked marijuana the night prior to the incident.

“There are a lot of unanswered questions about what happened that night,” he said.

“The defendant exhibited extremely reckless behavior,” Worm told the judge. “He shot at least five times and certainly all five could have been killed.”

She pointed to a statement by at least one of the victims that Furr shouted “Ima kill all of you” before he started shooting into the vehicle.

Worm noted a police breadth test also found that Furr “had been drinking a substantial amount of alcohol” and that he had a prior arrest in D.C. for driving while intoxicated. Police initially charged Furr with driving while intoxicated in the latest incident but the U.S. Attorney’s office did not file that charge in court.

Nearly a dozen family members and friends of Furr’s sat in the courtroom during the hearing, a fact that defense attorney Martin mentioned while arguing that Furr’s strong community ties were among the grounds for allowing him to be released while awaiting trial.

But Keary, in issuing her ruling on the matter, said the government met the legal criteria needed to have Furr held in jail, saying no combination of circumstances or mitigating factors could override her belief that Furr would pose a danger to the public if released.

She scheduled a status hearing for Oct. 7. The case was expected to go before a grand jury in the next few weeks.

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District of Columbia

Rush reopens after renewing suspended liquor license

Principal owner says he’s working  to resolve payroll issue for unpaid staff

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Pictured is a scene from the preview night at Rush on Nov. 28. Rush reopened on Saturday after a brief closure. (Blade file photo by Michael Key)

The D.C. LGBTQ bar and nightclub Rush reopened and was serving drinks to customers on Saturday night, Dec. 20, under a renewed liquor license three days after the city’s Alcoholic Beverage and Cannabis Board suspended the license on grounds that Rush failed to pay a required annual licensing fee.

In its Dec. 17 order suspending the Rush liquor license the ABC Board stated the “payment check was returned unpaid and alternative payment was not submitted.”

Jackson Mosley, Rush’s principal owner, says in a statement posted on the Rush website that the check did not “bounce,” as rumors circulating in the community have claimed. He said a decision was made to put a “hold” on the check so that Rush could change its initial decision to submit a payment for the license for three years and instead to pay a lower price for a one-year payment.

“Various fees and fines were added to the amount, making it necessary to replace the stop-payment check in person – a deadline that was Wednesday despite my attempts to delay it due to these circumstances,” Mosley states in his message.

He told the Washington Blade in an interview inside Rush on Saturday night, Dec. 20, that the Alcoholic Beverage and Cannabis Administration (ABCA) quickly processed Rush’s liquor license renewal following his visit to submit a new check.

He also reiterated in the interview some of the details he explained in his Rush website statement regarding a payroll problem that resulted in his employees not being paid for their first month’s work at Rush, which was scheduled to take place Dec. 15 through a direct deposit into the employees’ bank accounts.

Several employees set up a GoFundMe appeal in which they stated they “showed up, worked hard, and were left unpaid after contributing their time, labor, and professional skills to Rush, D.C.’s newest LGBTQ bar.” 

In his website statement Mosley says employees were not paid because of a “tax related mismatch between federal and District records,” which, among other things, involves the IRS. He said the IRS was using his former company legal name Green Zebra LLC while D.C. officials are using his current company legal name Rainbow Zebra LLC. 

“This discrepancy triggered a compliance hold within our payroll system,” he says in his statement. “The moment I became aware of the issue, I immediately engaged our payroll provider and began working to resolve it,” he wrote.

He added that while he is the founder and CEO of Rush’s parent and management company called Momentux, company investors play a role in making various decisions, and that the investors rather than he control a “syndicated treasury account” that funds and operates the payroll system.

He told the Blade that he and others involved with the company were working hard to resolve the payroll problem as soon as possible. 

“Every employee – past or present – will receive the pay they are owed in accordance with D.C. and federal law,” he says in his statement. “That remains my priority.” 

In a follow-up text message to the Blade on Sunday night, Dec. 21, Mosley said, “All performers, DJs, etc. have been fully paid.” 

He said Rush had 21 employees but “2 were let go for gross misconduct, 1 for moral turpitude, 2 for performance concerns.” He added that all of the remaining 14 employees have returned to work at the time of the reopening on Dec. 20. 

Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14th Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker. 

With at least a half dozen or more LGBTQ bars located within walking distance of Rush in the U Street entertainment corridor, Mosley told the Blade he believes some of the competing LGBTQ bars, which he says believe Rush will take away their customers, may be responsible along with former employees of “rumors” disparaging him and Rush. 

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Rehoboth Beach

Rehoboth’s Blue Moon is for sale but owners aim to keep it in gay-friendly hands

$4.5 million listing includes real estate; business sold separately

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The real estate at Rehoboth’s Blue Moon is for sale for $4.5 million. (Washington Blade photo by Michael Key)

Gay gasps could be heard around the DMV earlier this week when a real estate listing for Rehoboth Beach’s iconic Blue Moon bar and restaurant hit social media.

Take a breath. The Moon is for sale but the longtime owners are not in a hurry and are committed to preserving its legacy as a gay-friendly space.

“We had no idea the interest this would create,” Tim Ragan, one of the owners, told the Blade this week. “I guess I was a little naive about that.”

Ragan explained that he and longtime partner Randy Haney are separating the real estate from the business. The two buildings associated with the sale are listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They are listed for $4.5 million. 

The bar and restaurant business is being sold separately; the price has not been publicly disclosed. 

But Ragan, who has owned the Moon for 20 years, told the Blade nothing is imminent and that the Moon remains open through the holidays and is scheduled to reopen for the 2026 season on Feb. 10. He has already scheduled some 2026 entertainment. 

“It’s time to look for the next people who can continue the history of the Moon and cultivate the next chapter,” Ragan said, noting that he turns 70 next year. “We’re not panicked; we separated the building from the business. Some buyers can’t afford both.” 

He said there have been many inquiries and they’ve considered some offers but nothing is firm yet. 

Given the Moon’s pioneering role in queering Rehoboth Beach since its debut 44 years ago in 1981, many LGBTQ visitors and residents are concerned about losing such an iconic queer space to redevelopment or chain ownership.

“That’s the No. 1 consideration,” Ragan said, “preserving a commitment to the gay community and honoring its history. The legacy needs to continue.” He added that they are not inclined to sell to one of the local restaurant chains.

You can view the real estate listing here.

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Comings & Goings

Tristan Fitzpatrick joins TerraPower

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Tristan Fitzpatrick

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Tristan Fitzpatrick on his new position as Digital Communications Manager with TerraPower. TerraPower creates technologies to provide safe, affordable, and abundant carbon-free energy. They devise ways to use heat and electricity to drive economic growth while decarbonizing industry.

Fitzpatrick’s most recent position was as Senior Communications Consultant with APCO in Washington, D.C. He led integrated communications campaigns at the fourth-largest public relations firm in the United States, increasing share of voice by 10 percent on average for clients in the climate, energy, health, manufacturing, and the technology. Prior to that he was a journalist and social media coordinator with Science Node in Bloomington, Ind. 

Fitzpatrick earned his bachelor’s degree in journalism with a concentration in public relations, from Indiana University.

Congratulations also to the newly elected board of Q Street. Rob Curis, Abigail Harris, Yesenia Henninger, Stu Malec, and David Reid. Four of them reelected, and the new member is Harris. 

Q Street is the nonprofit, nonpartisan, professional association of LGBTQ+ policy and political professionals, including lobbyists and public policy advocates. Founded in 2003 on the heels of the Supreme Court’s historic decision in Lawrence v. Texas, when there was renewed hope for advancing the rights of the LGBTQ community in Washington. Q Street was formed to be the bridge between LGBTQ advocacy organizations, LGBTQ lobbyists on K Street, and colleagues and allies on Capitol Hill.

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