Local
Jury deliberating Marine murder case
Suspect allegedly shouted anti-gay slur before stabbing victim
Lance Corp. Phillip Bushong was stabbed in the upper chest with a pocketknife on 8th Street, S.E., across from the Marine Barracks. (Washington Blade file photo by Michael Key)
A D.C. Superior Court jury completed its third day of deliberations on Tuesday without reaching a verdict over whether a 21-year-old former U.S. Marine should be found guilty of second-degree murder while armed for stabbing a fellow Marine to death after allegedly shouting an anti-gay slur during an April 2012 altercation.
Judge Russell Canan gave jurors Wednesday and Friday off for the Thanksgiving holiday weekend and instructed them to return Monday, Dec. 2, to resume their deliberations.
Pfc. Michael Poth, who has since been discharged from the Marines, has been held in jail since the time D.C. police arrested him on April 21, 2012, minutes after witnesses said he stabbed Lance Corp. Phillip Bushong, 23, in the upper chest with a pocketknife on 8th Street, S.E., across the street from the Marine Barracks.
Bushong was pronounced dead less than an hour later after being taken to a hospital. An autopsy showed he died of a single knife wound that punctured his heart.
Gay congressional staff member Nishith Pandya, a friend of Bushong’s who emerged as a lead prosecution witness, testified that Poth called him and Bushong a “faggot” while the two stood with others on the sidewalk outside Mollie Malone’s restaurant and bar as Poth walked by.
Pandya, who works for U.S. Rep. Bobby Rush (D-Ill.), told the jury he’s gay and that he and Bushong, who was straight, were platonic friends.
Assistant U.S. Attorney Michael Liebman, the lead prosecutor in the case, said Poth hurled the anti-gay slur with the intent of provoking Bushong into a confrontation to give Poth an excuse to stab Bushong. Liebman cited testimony by witnesses that Poth became angry over a remark that Bushong made to Poth about an hour earlier when the two Marines first crossed paths on 8th Street.
A police report says Poth told D.C. police homicide detectives after the stabbing that Bushong called him a “boot,” a slang term used for a Marine just out of boot camp.
“Call me boots and the fight started,” the police report quoted Poth as saying. “He was talking shit so I stabbed him…I stabbed him because he punched me in the head,” the report quoted him as saying.
Pandya testified that Bushong never hit Poth.
In his closing argument, Liebman pointed to a civilian witness who testified that she saw someone fitting Poth’s description walking along 8th Street saying to himself he was going to stab somebody. Liebman cited testimony by a police detective that Poth told police at the time of his arrest, upon learning that Bushong was being taken to a hospital, “Good, I hope he dies.”
The prosecutor said other witnesses, including Marine guards who were watching Poth walk past them on 8th Street and nearby streets prior to the stabbing, made it clear that Poth wanted to confront Bushong again and was walking up and down the street looking for him.
“You don’t get to claim self-defense when you proclaim intent to stab someone before you come into contact with them,” Liebman told the jury. “The law doesn’t allow you to use deadly force before you have contact” in a self-defense claim, Leibman said.
Poth’s attorney, Bernard Grimm, told the jury Poth acted in self-defense and that the stabbing came after Bushong and Pandya walked toward Poth at the time of the verbal altercation outside Mollie Malone’s. Grimm said the jury should be skeptical about Pandya’s claim that Poth made an anti-gay slur.
Grimm pointed out repeatedly that Poth, who weighs 140 pounds and is five-feet-seven inches tall, was far smaller than Bushong, who was over 6 feet tall and Pandya, who weighs more than 200 pounds.
He said one of several videos obtained from security cameras deployed by businesses along 8th Street suggested that Poth had been on the ground and stood up just before the stabbing. This corroborated Poth’s claim that Bushong punched him in the head and knocked him down and that Poth stabbed Bushong in self-defense, Grimm said.
Grimm pointed to testimony by a Marine guard who witnessed part of the altercation that Bushong at one point changed directions and followed Poth after the two crossed paths on the sidewalk while walking on 8th Street.
The Marine testified that Bushong reached toward Poth and put one hand on Poth’s shoulder and motioned with his other hand as if he was about to throw a punch. It was at that time that Poth appears to have stabbed Bushong, the Marine said.
Leibman and Grimm played video footage from security cameras of several of the businesses along the street, but none of the video footage captured the stabbing.
Grimm called Pandya’s testimony unreliable, saying that Pandya told police the person who stabbed Bushong was wearing khaki colored short pants when it was clear to all other witnesses that he was wearing blue jeans. He said Pandya, knowing that the stabbing took place after Bushong followed Poth and acted as the aggressor, didn’t want police to talk to Poth out of fear that it would become clear that his friend was the instigator of the fight that broke out between Bushong and Poth.
“He was in it up to his ears,” Grimm said. “He egged Bushong on.”
Grimm also reminded the jury that witnesses said Bushong was asked to leave one of the bars on 8th Street on the night of the incident because he was intoxicated and acting in a boisterous and disruptive manor.
“Someone said don’t let him get near anyone on the street,” Grimm told the jury, saying someone in the bar feared Bushong would hurt someone.
Liebman told the jury that although Pandya got the clothing description of Poth wrong, his testimony on what unfolded between Poth and Bushong was correct.
“Mr. Grimm wants you to believe that you can’t believe anything that Mr. Pandya said,” Liebman told the jury, including Pandya’s testimony that Poth used the word “faggot” to insult Bushong.
“Mr. Pandya is gay. Do you think he heard that right?” said Liebman. “You better believe it. He had no reason to make that up.”
Although Liebman said at a pre-trial hearing in April 2012 that prosecutors considered the stabbing to be a hate crime, the government never formally charged Poth with a hate crime. A hate crime designation enables a judge to hand down a more severe sentence than what is normally required for a particular offense.
The jury began its deliberations about 2 p.m. on Friday, Nov. 22, 10 days after the trial began on Nov. 12. Judge Russell Canan, who’s presiding over the trial, sent the jurors home for the weekend just before 5 p.m. They resumed deliberations about 10 a.m. Monday, Nov. 25 and continued through Tuesday afternoon.
A conviction on second-degree murder while armed carries a possible maximum sentence of 70 years in jail. If the jury finds Poth not guilty on the second-degree murder charge it has the option of finding him guilty of a lesser offense of manslaughter.
District of Columbia
Deon Jones speaks about D.C. Department of Corrections bias lawsuit settlement
Gay former corrections officer says harassment, discrimination began in 1993
Deon Jones says he is pleased with the outcome of his anti-gay bias lawsuit against the D.C. Department of Corrections that ended after five years on Feb. 5 with the D.C. government paying him $500,000 in a settlement payment.
The lawsuit, filed on his behalf by the American Civil Liberties Union of D.C. and the law international law firm WilmerHale, charged that Jones, a Department of Corrections sergeant, had been subjected to years of discrimination, retaliation, and a hostile work environment because of his identity as a gay man in clear violation of the D.C. Human Rights Act.
A statement released by the ACLU at the time the settlement was announced says Jones, “faced years of verbal abuse and harassment, from co-workers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment.”
The statement adds, “The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, post-traumatic-stress disorder, and 15 anxiety attacks in 2021 alone.:
Jones said the harassment and mistreatment he encountered began in 1993, one year after he first began work at the Department of Corrections and continued for more than 25 years under six D.C. mayors, including current Mayor Muriel Bowser, who he says did not respond to his repeated pleas for help.
Each of those mayors, including Bowser, have been outspoken supporters of the LGBTQ community, but Jones says they did not intervene to change what he calls the homophobic “culture” at the Department of Corrections.
The Department of Corrections, through the Office of the D.C. Attorney General, which represents city agencies against lawsuits, and the mayor’s office, have so far declined to comment on the lawsuit and the half million-dollar settlement the city offered to Jones, who accepted it.
Among other things, the settlement agreement states that Jones would be required to resign from his job at the Department of Corrections. It also declares that “neither the parties’ agreement nor the District government’s offer to settle the case shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to plaintiff or any other person, or that plaintiff has any rights.”
Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this. He said the city’s action to pay Jones a half million-dollar settlement “speaks louder than words.”
With that as a backdrop, Jones reflected on the settlement and what he says was his tumultuous 30-year career as an employee at the D.C. Department of Corrections in a Feb. 9 interview with the Washington Blade.
He and Michelman pointed out that Jones was placed on paid administrative leave in April 2022, one year after his lawsuit was filed. Among his upcoming plans, Jones told the Blade, is to publish a podcast that, among other things, will highlight the hardship he faced at the Department of Corrections and advocate for LGBTQ rights.
BLADE: What are your thoughts on this lawsuit settlement which appears very much in your favor?
JONES: That’s great. I’m happy. I’m glad to resign. It’s been a long time coming. It was the worst time it’s ever been. And I have advocated for the community for many, many years. And not only standing up for my rights but for the rights for others in the LGBTQ community.
And I’m just tired now. And my podcast will start soon. And I will continue to advocate for the community.
BLADE: Can you tell a little about that and when it will begin?
JONES: Once in April, once everything is closed my podcast will be starting. And that’s Deon’s Chronicle and Reveal. Yes, my own podcast.
BLADE: Since we have reported your attorney saying you have been on administrative leave since March of 2022, some in the community might be interested in what you have been doing since that time. Did you get another job or were you just waiting for this case to be resolved?
JONES: I was waiting for this to be resolved. I couldn’t work. That would violate policy and procedures of the D.C. government. So, I could not get another job or anything else.
BLADE: You have said under administrative leave you were still getting paid. You were still able to live off of that?
JONES: Yes, I was able to. Yes, sir. I used to do a lot of overtime. As a zone lieutenant for many years, I have supervised over 250 officers. I’ve also supervised over 25,000 inmates in my 30 years.
BLADE: How many years have you been working for the Department of Corrections?
JONES: It’s 30 years all together. I started down at the Lorton facility. Six facilities — I’ve worked for past directors, deputy directors, internal affairs. I’ve done it all.
BLADE: Do you have any plans now other than doing the podcast?
JONES: Well, to just do my podcast and also to write my book and my memoir inside of the house of pain, the house of shame — what I’ve been through. When I start my podcast off it will be stories — Part 1 through Part 4. And I will go back to the Lorton days all the way up to now. When it first started was sexual harassment and discrimination back down at Lorton. And I mean this has just been the worst time around.
BLADE: So, did you first start your work at the Lorton Prison?
JONES: Yes, I was at the central facility, which was the program institution.
MICHELMAN: Just for context. You may remember this, but the Lorton facility was where D.C. incarcerated people were held. So, that was part of the D.C. Department of Corrections.
BLADE: Yes, and that was located in Lorton, Va., is that right?
JONES: Right.
BLADE: Didn’t that close and is the main incarceration facility is now in D.C. itself?
JONES: Yes. And that closed in 2001.
BLADE: I see. And is the main D.C. jail now at a site near the RFK Stadium site?
JONES: Yes, sir. And next-door is the correctional treatment facility as well.
BLADE: So, are you saying the harassment and other mistreatment against you began back when you were working at the Lorton facility?
JONES: At the Lorton central facility. And they used to flash me too. When I say flash me like the residents, the inmates were flashing. And they [the employees] were flashing.
BLADE: What do you mean by flashing?
JONES: They take their penis out and everything else. I mean the sexual harassment was terrible. And I came out then down there. And I continued to advocate for myself and to advocate for other people who I was told were being picked on as well.
BLADE: As best you can recall, where and what year did that happen?
JONES: That was back in 1993 in April of 1993.
BLADE: The mayor’s office has declined to comment on the settlement and payment the city is giving you. Yet they have always said they have a strong policy of nondiscrimination protections for LGBTQ people in D.C. government agencies. But do you think that was not carried out at the Department of Corrections?
JONES: That’s a blatant reason why — I had 13 anxiety attacks. It was so blatant. Can you imagine? On the airwaves or the walkie-talkies — everybody had a walkie talkie — the captains and the majors and everything. And you transmit it to the command center or something like that. When you finish someone gets on the air and calls you a sissy or a fag.
They received so many complaints, and I also sent the mayor so many emails and begging for help. And they ignored it. They didn’t address any complaints at all. So, that’s bull.
BLADE: But now after you filed your lawsuit and you received this settlement do you think there will be changes there to protect the rights of other LGBTQ employees?
JONES: I hope so, because I have been defending community rights. For many years I have been advocating for different things and different services. And I’ve seen the treatment. There are a lot of mistreatments towards the community over there. And I have taken a stance for a lot of people in the community and protecting their constitutional rights as well as mine.
BLADE: What advice might you have for what the Department of Corrections should do to correct the situation that led to your lawsuit?
JONES: Well, what my advice for the department is they need to go back over their training. And they need to enforce rules against any acts of discrimination, retaliation, or sexual harassment. They need to enforce that. They’re not enforcing that at all. They’re not doing it at all. And this time it was worse than ever, then I’ve ever seen it. That you would get on the walkie talkie and someone would call you a fag or a sissy or whatever else or do evil things and everything. They are not enforcing what they are preaching. They are not enforcing that.
BLADE: Is there any kind of concluding comment you may want to make?
JONES: Well, I hope that this litigation will be a wakeup call for the department. And also, that it will give someone else the motivation to stand up for their rights. I was blessed to have the ACLU and WilmerHale to protect my constitutional rights. So, I am just really happy. So, I’m hoping that others will stand up for their rights. Because a lot of people in the community that worked there, they were actually afraid. And I had some people who actually quit because of the pressure.
Baltimore
‘Heated Rivalry’ fandom exposes LGBTQ divide in Baltimore
Hit show raises questions about identity, cultural representation
By JOHN-JOHN WILLIAMS IV | “Heated Rivalry,” the surprise gay hockey romance that has captivated global audiences and become a cultural phenomenon, has inspired sold-out parties celebrating the characters from the steamy series, including in Baltimore.
For some, love of the show has exposed the loss of a once-vibrant gay nightlife in Charm City and splintered its LGBTQ community. It also brings up layered questions about identity, cultural representation, and the limits of identity politics.
In Baltimore, the majority of the parties also appear to be missing a key ingredient that has been a part of the show’s success: gay men at the helm. Last month, women hosted a dance party at Ottobar, a straight establishment.
The rest of this article can be read on the Baltimore Banner’s website.
Virginia
McPike wins special election for Va. House of Delegates
Gay Alexandria City Council member becomes 8th LGBTQ member of legislature
Gay Alexandria City Council member Kirk McPike emerged as the decisive winner in a Feb. 10 special election for a seat in the Virginia House of Delegates representing Alexandria.
McPike, a Democrat, received 81.5 percent of the vote in his race against Republican Mason Butler, according to the local publication ALX Now.
He first won election to the Alexandria Council in 2021. He will be filling the House of Delegates seat being vacated by Del. Elizabeth Bennett-Parker (D-Alexandria), who won in another Feb. 10 special election for the Virginia State Senate seat being vacated by gay Sen. Adam Ebbin (D-Alexandria).
Ebbin is resigning from his Senate next week to take a position with Virginia Gov. Abigail Spanberger’s administration.
Upon taking his 5th District seat in the House of Delegate, McPike will become the eighth out LGBTQ member of the Virginia General Assembly. Among those he will be joining is Sen. Danica Roem (D-Manassas), who became the Virginia Legislature’s first transgender member when she won election to the House of Delegates in 2017 before being elected to the Senate in 2023.
“I look forward to continuing to work to address our housing crisis, the challenge of climate change, and the damaging impacts of the Trump administration on the immigrant families, LGBTQ+ Virginians, and federal employees who call Alexandria home,” McPike said in a statement after winning the Democratic nomination for the seat in a special primary held on Jan. 20.
McPike, a longtime LGBTQ rights advocate, has served for the past 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) and has remained in that position during his tenure on the Alexandria Council. He said he will resign from that position before taking office in the House of Delegates.
European Parliament resolution backs ‘full recognition of trans women as women’
Deon Jones speaks about D.C. Department of Corrections bias lawsuit settlement
Home is where the heart is
‘Heated Rivalry’ fandom exposes LGBTQ divide in Baltimore
Magic is happening for Round House’s out stage manager
McPike wins special election for Va. House of Delegates
Shooter who killed 7 people inside Canada school was transgender
Just when you think Trump can’t sink any lower, he does
Russia’s anti-LGBTQ crackdown takes absurd turn
