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Judge dismisses 2 charges in Wone case

Gay men still face seven charges after Thursday ruling

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A D.C. Superior Court judge Thursday dismissed evidence tampering charges against two of the three gay men on trial for conspiracy and other charges related to the 2006 murder of attorney Robert Wone.

But Judge Lynn Leibovitz rejected a defense motion to dismiss all charges against the men and instead ruled that prosecutors presented enough evidence to allow the trial to continue.

Her decision came after prosecutors rested their case Tuesday following testimony of more than 30 government witnesses across four weeks. The trial now enters the defense phase, with defense attorneys saying they expect to call about five or six witnesses.

Assistant U.S. Attorney Glenn Kirschner, the lead prosecutor in the case, said closing arguments could come in the middle of next week.

Leibovitz dismissed an evidence tampering charge against defendants Victor Zaborsky, 44, and Dylan Ward, 40, saying prosecutors never presented any direct evidence that the two touched a knife that the defense says was used by an intruder to stab Wone to death in the men’s Dupont Circle home.

The judge upheld the evidence tampering charge against the third defendant, Joseph Price, 39, and upheld charges of obstruction of justice and conspiracy to obstruct justice against all three men.

“The government has met its burden and a reasonable juror could find guilt,” the Washington Post quoted Leibovitz as saying. She added, though, that her decision was not a “verdict” or a “signal” of what she will decide in the final outcome of the case, the Post reported.

No one has been charged with Wone’s murder, and court observers have noted that regardless of the outcome of the trial, the mystery of who killed Wone won’t be solved in this case.

Leibovitz, rather than a jury, will determine the trial’s verdict at the request of the three defendants, all of whom chose to give up their right to a jury trial.

Prosecutors have argued that the knife found near Wone’s body was planted by the defendants, and one or more of them wiped Wone’s blood on the knife with a towel. Kirschner and two assistant prosecutors have argued that the defendants disposed of the actual knife used to kill Wone, intending to cover up for the killer.

Kirschner has said the men know the identity of the killer and that the government believes the killer might be Price’s brother, Michael Price, who had a key to the men’s house. Wone was found dead in a guest bedroom of the Dupont Circle area house where the three men lived at the time of the murder.

Wone and Joseph Price were friends from their days as students at Virginia’s College of William & Mary. Wone decided to spend the night at the men’s house after working late at his nearby office, where he served as general counsel for Radio Free Asia.

Prosecutors have presented numerous witnesses, including evidence experts and police officers specializing in home burglaries, who testified that they did not believe the murder was committed by a burglar or intruder. The witnesses noted that there was no evidence of a forced break in, nothing was taken from the house, including Wone’s wallet and Blackberry phone, which were laying on a nightstand in plain view at the time of the murder.

The defense has argued that the killer entered the house from an unlocked rear door while the three defendants were asleep in their respective bedrooms. The defense has asserted that the men never saw the intruder.

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District of Columbia

‘Queer Love’ campaign launched to address domestic violence

D.C. event set for LGBTQ+ Domestic Violence Awareness Day on May 28

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‘Domestic and family violence in LGBTQ+ communities is real and too often invisible,’ said Cesar Toledo, the Alston Foundation’s executive director. (Photo courtesy of Toledo)

The D.C.-based Wanda Alston Foundation, which provides housing and support services for homeless LGBTQ youth, announced earlier this month that it has joined partner organizations to launch a Queer Love Shouldn’t Hurt campaign aimed at addressing domestic violence within the LGBTQ community.

 In a May 18 statement, the Alston Foundation said the campaign involves a public awareness initiative leading up to LGBTQ+ Domestic Violence Awareness Day scheduled for May 28. 

“Domestic and family violence in LGBTQ+ communities is real and too often invisible,” Cesar Toledo, the Alston Foundation’s executive director, said in the statement. “As a community, we do not talk about it enough, and that silence can leave survivors feeling isolated and alone,” he said. “We must break that silence.”

He added that culturally competent care for those impacted by domestic violence is available through a newly launched website, queerlove.org, “where people can safely access vital resources, educational toolkits, and support networks they need on their healing journey.”

The website announces one of the project’s first events, a Queer Love Community Social, was scheduled for Thursday, May 28,  from 6-8 p.m. at the D.C. LGBTQ+ Community Center at 1827 Wiltberger St., N.W.

“Join us this LGBT+ Domestic Violence Awareness Day for a community social dedicated to visibility and survivor resilience,” the website statement says. “Let’s gather to strengthen our bonds, honor the path to healing, and share free resources,” it says of the May 28 event. 

The website also announces a June 1 workshop called Empowering Survivors of LGBTQ+ Intimate Partner Violence, which it says will be presented by Jesse Wedell, an official with the D.C. LGBT+ Counseling Collaborative. The website provides an online form to register for the workshop upon which its location would be disclosed.        

It identifies the partner organizations working with the Alston Foundation on the Queer Love Public Awareness Campaign as the LGBT+ Counseling Collaborative, Whitman-Walker Health, the D.C. LGBTQ+ Community Center, and Equality Chamber.

 The resources and information provided by the project can be accessed at www.queerlove.org.

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Man accused of threatening to shoot D.C. bar employee after making anti-gay slurs

May 24 incident took place near Black Pride events on U Street

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(Bigstock photo)

D.C. police on Sunday, May 24, at around 4:20 p.m. arrested a Maryland man for allegedly threatening to shoot an employee while using anti-gay slurs at Ben’s Next Door restaurant and bar at 1211 U St., N.W.

According to a statement released by police and a police incident report, the arrested man, identified as Delonte Fraley, 32, of Accokeek, Md., made the threats after the employee told a bartender not to serve the man alcohol.

“The suspect overheard the employee and threatened to shoot the employee and used homophobic slurs against the employee,” the police statement says. “When the employee left the restaurant for the day, the suspect was standing near the employee’s vehicle,” it says.

“The employee returned to the restaurant and called the police,” the statement continues. “The suspect was apprehended by responding officers,” it says.

The police statement says the arresting officers charged Fraley with Felony Threats (Hate/Bias).

D.C. Superior Court records show prosecutors with the Office of the U.S. Attorney for D.C., which prosecutes D.C. criminal cases, escalated the charge to Threatening to Injure or Kidnap a Person (Bias-Related Hate Crime).

The incident occurred during Memorial Day weekend when thousands of visitors and D.C. area LGBTQ advocates and supporters were attending D.C. Black Pride events held in locations across the city, including Black Pride parties hosted by LGBTQ bars in the U Street entertainment area near Ben’s Next Door.

Among the nearby LGBTQ bars hosting D.C. Black Pride events were Nellie’s Sports Bar and Thurst Lounge. Ben’s Next Door is located next to the popular longtime U Street eatery Ben’s Chili Bowl.

Court records show that Judge Robert R. Rigsby at a May 25 presentment hearing released Fraley on personal recognizance with a stay-away order — the details of which were not publicly disclosed pending a June 4 preliminary hearing.   

A more detailed arrest affidavit filed in court by D.C. police says Fraley allegedly confronted the employee at Ben’s Next Door with anti-gay slurs on the day prior to his arrest.

“The complainant told the defendant that because he used homophobic slurs towards himself previously on May 23, 2026, and his hostess, as well as making threats to the complainant and calling him a faggot, he was unable to stay in the establishment,” the affidavit states.

It adds, “The defendant became irate stating, ‘I know where your Tesla is at. See me outside faggot, I will slap your ass’ and ‘I will shoot your ass.’” The affidavit says the complainant confirmed to police the Tesla referred to by Fraley was his vehicle. It says as the victim walked toward his car after getting off work, he saw Fraley standing directly in front of the car.

“The complainant stated he felt unsafe while the defendant was standing in front of his vehicle because he felt the defendant was capable of carrying out those threats,” says the affidavit. It says the victim then decided to return to the restaurant and call police without the defendant having seen him.  

“The defendant was placed under arrest for Felony Threats Hate/Bias and was transported to the Third District Station for processing,” the affidavit concludes.

It couldn’t immediately be determined whether the victim identifies as LGBTQ or whether any of the Ben’s Next Door patrons had been involved with D.C. Black Pride.

“Established in 2008, Ben’s Next Door is a family-owned and operated restaurant and bar on U Street, Northwest in Washington, D.C.,” a statement on its website says. “As a Black-owned establishment, it’s our goal to deliver a warm, welcoming, familiar, and communal vibe to all guests,” the statement says.    

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Comings & Goings

Delaware governor honors Peter Schott

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Peter Schott

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 Peter Schott on being honored by Delaware Gov. Matt Meyer on National Honor our LGBTQ Elders Day.

Schott is a prominent LGBTQ advocate and seasoned political strategist who has spent decades advancing civil rights at the national and state levels. Following a distinguished 25-year career as a staff assistant in the U.S. House of Representatives, Schott leveraged his extensive legislative expertise to help organize the National Stonewall Democrats, serving as an influential member of its national board. 

After moving to Delaware in 2002, he became a foundational figure in the state’s LGBTQ political landscape, co-founding the Delaware Stonewall PAC, (now Stonewall Delaware) to champion the election of pro-equality candidates. His strategic lobbying and community organizing were instrumental in the successful passage of Delaware’s landmark non-discrimination, civil union, and marriage equality laws. A former member of the State Human Relations Commission, he remains a vital voice for the LGBTQ community in the Mid-Atlantic, continuing to document and drive social progress through his activism and writing. Schott currently serves as vice chair of the Delaware Democratic Pride Caucus, and a board member of Speak Out Against Hate (SOAH). He was a delegate to two Democratic National Conventions.

He earned a bachelor’s degree in Political Science, New York University; and a master’s of Public Administration degree from American University.

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