Local
3 gay men found not guilty in Wone case
Judge cites reasonable doubt; widow’s civil lawsuit up next
Katherine Wone, wife of slain attorney Robert Wone, has waited nearly four years for a criminal case stemming from her husband’s death to conclude. The trial is expected to end soon. (Washington Blade photo by Michael Key)
D.C. Superior Court Judge Lynn Leibovitz found three gay men charged with obstructing justice in the murder of attorney Robert Wone not guilty of all counts against them Tuesday.
Leibovitz, who read her lengthy decision in the case aloud to a packed courtroom, said that while she felt there was significant evidence implicating the defendants Joseph Price, Victor Zaborsky and Dylan Ward, there continued to exist a reasonable doubt on all charges against them.
“It is very probable that the government’s theory is correct, that even if the defendants did not participate in the murder, some or all of them knew enough about the circumstances of it to provide helpful information to law enforcement and have chosen to withhold that information for reasons of their own,” she said.
“Nevertheless, after lengthy analysis of the evidence, I conclude that the government has failed to prove beyond a reasonable doubt the essential elements of obstruction of justice as to Mr. Price, Mr. Zaborsky or Mr. Ward,” she said.
She said prosecutors similarly failed to prove beyond a reasonable doubt that the three defendants engaged in a conspiracy to obstruct justice or evidence tampering.
The decision, which took more than an hour for Leibovitz to recite, did not disclose the verdict until late in its reading.
Before announcing her verdict, Leibovitz led some observers to believe she was about to find the defendants guilty on at least some of the charges. With suspense building in the courtroom, she said the government proved beyond a reasonable doubt that Wone was not killed by an unknown intruder who entered the defendants’ house, where Wone was found stabbed to death in August 2006, as the defense has claimed.
“Despite the many suspicious and even damning circumstances, despite the implausibility of the intruder story, and despite the discordant and inappropriate demeanor and conduct of the defendants, I am constrained to conclude that the government has not eliminated, beyond a reasonable doubt, the real probability of what I have termed the ‘math problem’ in this case,” she said.
Leibovitz described the “math problem” as the government’s apparent inability to definitively prove which defendant committed which specific act of obstruction of justice, conspiracy to obstruct justice, and evidence tampering — the three charges on which the men were indicted more than two years ago.
Wone was found stabbed to death in a guest bedroom in the three defendants’ townhouse on Swann Street, N.W., near Dupont Circle, on Aug. 2, 2006. The four-year drama surrounding the case has captured the interest of the local gay community and as well as many in the larger D.C. area, prompting a large contingent of news outlets to provide extensive coverage of the case.
Defense attorney David Schertler, who represented Ward, urged Leibovitz in his closing argument last week to find the defendants not guilty based on what he called the government’s lack of sufficient evidence, saying the men have been in a “living nightmare” for four years.
But the ordeal faced by Price, Zaborsky and Ward is not likely to end soon. Kathy Wone, Robert Wone’s widow, has filed a $20 million wrongful death civil suit against the men on behalf of her husband, and that case is expected to start working its way through the judicial system shortly.
Unlike the criminal case, the burden of proof for a civil wrongful death suit is less stringent, making Kathy Wone’s chances of winning greater than that in the criminal case, court observers said.
Looking toward the Wone family members sitting in the courtroom, including Kathy Wone, Leibovitz said Tuesday that her adherence to the strict standards of probable cause probably would be “cold comfort to those who loved Robert Wone and wish for some measure of peace or justice, and I am extremely sorry for this.”
“I believe, however, that the reasonable doubt standard is essential to maintaining our criminal justice system as the fair and just system we wish it to be,” Leibovitz said. “I cite the wisdom of English jurist William Blackstone that it is ‘better that 10 guilty persons escape than that one innocent suffer.’”
Closing arguments in the case were heard last week. Assistant U.S. Attorney Glenn Kirschner, the trial’s lead prosecutor, noted at that time that Wone’s killer had yet to be identified because Price, Zaborsky and Ward “prevented the murder from being solved.”
He argued that the government’s case proved beyond a reasonable doubt that Wone was not killed by an unidentified intruder who entered the defendants’ house, as was claimed. Instead, Kirschner reiterated the government’s contention that the defendants know who killed Wone and engaged in a cover-up to protect that person.
Wone, a friend of the three men, was spending the night at their Dupont Circle area townhouse after working late at his nearby office.
Although he acknowledged that prosecutors could not prove who it was that killed Wone, Kirschner told Leibovitz that the totality of evidence “leaps out and screams” that the defense’s intruder theory is a “fabrication.”
All three defense attorneys fired back, saying that after five weeks of witness testimony, the government had failed to provide any evidence of a motive in the case and instead based its case on a long list of “suspicious” occurrences that don’t prove the defendants covered up a crime.
“We’ve been here five weeks and we’ve never seen any evidence of why these men would do this,” said Price’s attorney, Bernard Grimm, who noted the defendants had a warm and ongoing friendship with Wone and his wife.
“What the government has done is cobble together a patchwork of suspicious circumstances and make a fantastic leap to say this is a conspiracy to obstruct justice,” said David Schertler, Ward’s attorney. “None of these circumstances can be used to prove guilt beyond a reasonable doubt.”
In a statement to reporters outside the courthouse, Kirschner, said the Wone murder investigation remains open, prompting court observers to note that Price, Zaborsky and Ward could still be charged with murder, manslaughter or other homicide-related charges should more evidence surface in the case.
“We can only hope that further evidence continues to come to light that will allow us to move forward in the homicide investigation … to bring justice to the family of Robert Wone for whoever it was that killed Robert,” he said.
Kirschner added, “We respect and accept the judge’s verdict … It was thoughtful, it was well reasoned.”
Grimm told reporters Leibovitz said it best when she explained the importance of the government’s burden of proving guilt beyond a reasonable doubt.
“That’s the system of justice that we live in, and that’s what it is,” he said. “Other countries would die to have this system of justice.”
District of Columbia
Judge rescinds stay-away order in Capital Pride anti-stalking case
Evidence hearing to determine if order should be reinstated against Darren Pasha
A D.C. Superior Court judge on April 17 rescinded an anti-stalking order he approved in February at the request of Capital Pride Alliance against local LGBTQ activist Darren Pasha.
In a ruling at a court status hearing, Judge Robert D. Okun agreed with defendant Darren Pasha’s stated concern that the initial order was too broad and did not specify who specifically he must stay at least 100 feet away from, as called for in the order.
Okun ruled on April 17 that the initial order, which he noted was oral rather than written, would be suspended until an evidentiary hearing takes place in which Capital Pride will need to present evidence justifying the need for such an order.
“I’m fine with scheduling a hearing at which the plaintiff can present evidence, and the defendant can present evidence,” Okun said. “But I’m not fine with just continuing this oral TRO [Temporary Restraining Order] that Mr. Pasha really doesn’t even have notice of. That seems unfair,” he said.
After asking both Pasha and Capital Pride Alliance Attorney Nick Harrison when they would be available for the evidence hearing, Okun set the date for April 29 at 11 a.m. in Superior Court.
The case began when Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a Civil Complaint on Oct. 27, 2025, against Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride’s staff, board members, and volunteers.
The complaint was accompanied by a separate motion seeking a restraining order, preliminary injunction, and anti-stalking order prohibiting Pasha from “any further contact, harassment, intimidation, or interference with the Plaintiff, its staff, board members, volunteers, and affiliates.”
In his initial ruling in February, Okun issued an order requiring Pasha to stay at least 100 feet away from Capital Pride staff, board members, and volunteers until the April 17 status hearing. He reduced the stay-away distance from the 200 yards requested by Capital Pride.
Pasha, who has so far represented himself in court without an attorney, has argued in multiple court filings and motions that the Capital Pride stalking allegations are untrue. In his initial 16-page response to the complaint, Pasha said it appears to be a form of retaliation against him for a dispute he has had with Capital Pride and its former board president, Ashley Smith, who has since resigned from the board.
“It is evident that the document is replete with false, misleading, and unsubstantiated assertions,” Pasha’s court response states.
At the April 17 hearing, Okun also ruled that, as standard procedure for civil complaints such as this one, he has ordered both parties to enter into court-supervised mediation to attempt to reach a settlement rather than go to trial.
In an earlier ruling Okun denied Pasha’s request for a jury trial, stating that civil cases such as this must undergo a trial with the judge determining the verdict under existing civil court statutes.
The April 17 court hearing was held in a courtroom at the courthouse, but as allowed under current court rules, Capital Pride attorney Harrison and Capital Pride official June Crenshaw participated virtually through a video connection. Pasha attended the hearing in the courtroom.
“This matter is proceeding through the court in the normal course,” Capital Pride released in a statement. “We look forward to presenting the relevant evidence at the scheduled hearing. Capital Pride Alliance remains committed to maintaining a safe and respectful environment for our staff, volunteers, and community, and to addressing concerns through appropriate channels.”
“This is clearly a case of retaliation,” Pasha told the Blade after the hearing. “Today the judge removed the stay-away order and asked Capital Pride Alliance to present enough evidence and examples to see if a stay-away order should be granted,” he said. “Because Pride is coming up in June, we need to see where this is going.”
District of Columbia
Gay D.C. police lieutenant arrested on child porn charges
Matthew Mahl once served as head of LGBT Liaison Unit
D.C. police announced on April 14 that they have placed one of their lieutenants, Matthew Mahl, on administrative leave and revoked his police powers after receiving information that he was arrested in Maryland one day earlier.
Although the initial D.C. police announcement doesn’t disclose the reason for the arrest it refers to a statement by the Harford County, Md. Sheriff’s Office that discloses Mahl has been charged with sexual solicitation of a minor and child porn solicitation.
“On Tuesday, the Harford County Sheriff’s Office contacted MPD’s Internal Affairs Division shortly after arresting Lieutenant Matthew Mahl,” the D.C. police statement says.
“The allegations in this case are extremely disturbing, and in direct contrast to the values of the Metropolitan Police Department,” the statement continues. “MPD’s Internal Affairs Division will investigate violations of MPD policy once the criminal investigation concludes,” it says.
“MPD is not involved in the criminal investigation and was not aware of the investigation until yesterday,” the statement adds.
Mahl served as acting supervisor of the MPD’s then Gay & Lesbian Liaison Unit in 2013 when he held the rank of sergeant. D.C. police officials placed him on administrative leave and suspended his police powers that same year while investigating an undisclosed allegation.
A source familiar with the investigation said Mahl was cleared of any wrongdoing a short time later and resumed his police duties. Around the time he was promoted to lieutenant several years later Mahl took on the role as chairman of the D.C. Police Union, becoming the first known openly gay officer to hold that position.
NBC 4 reports that Mahl, 47, has served on the police force for 23 years and most recently was assigned to the department’s Special Operations Division.
Records related to Mahl’s arrest filed in Harford County District Court, show Sheriff’s Department investigators state in charging documents that he allegedly committed the offenses of Sexual Solicitation of a Minor and Child Porn Solicitation on Monday, April 13, one day before he was arrested on April 14.
The court records show he was held without bond during his first appearance in court on April 14. A decision on whether he would be released while awaiting trial or continue to be held without bond was scheduled to be determined during an April 15 bond hearing. The outcome of that hearing could not be immediately determined.
Maryland
Evan Glass is leaning on his record. Is that enough for Montgomery County’s top job?
Gay county executive candidate pushing for equitable pay, safer streets, and cleaner environment
By TALIA RICHMAN | During a meet-and-greet at Poolesville Memorial United Methodist Church, Evan Glass got his loudest applause of the night with a plan he acknowledged was decidedly unsexy.
“Day one, I’ll hire a director of permitting services,” the county executive candidate said.
Doing so, he added, is a step toward easing the regulatory burdens that can stifle small businesses in Montgomery County.
The only problem? At least one of his fiercest competitors is making a similar pledge.
The rest of this article can be read on the Baltimore Banner’s website.
Australia lifts additional restrictions on LGBTQ blood donors
Top EU court strikes down Hungary’s anti-LGBTQ propaganda law
Tennessee’s Charlie Kirk Act is harmful
Victory Fund brunch draws top LGBTQ officials, 2028 hopeful Andy Beshear
Inside the lonely world of MAGA gay men
Calendar: April 17-23
Team DC’s annual gala set for this weekend
The latest Supreme Court case erasing LGBTQ identity
Judge rescinds stay-away order in Capital Pride anti-stalking case
