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Jury rejects hate crime charge in gay murder

Defendant found guilty of slaying victim in bedroom

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A D.C. Superior Court jury on Tuesday found District resident Justin L. Navarro, 25, guilty of first-degree murder while armed for stabbing a gay man at least 15 times in the back seconds after police said he referred to the victim as a “faggot.”

But the jury declined a request by prosecutors that it designate the Nov. 6, 2009 murder of District resident Kevin Massey, 31, as an anti-gay hate crime.

“The U.S. Attorney’s office had charged the defendant with committing this murder because of Mr. Massey’s sexual orientation, but the jury did not make that finding beyond a reasonable doubt,” the office said in a statement.

In addition to handing down a first-degree murder conviction, the jury found Navarro guilty of obstruction of justice, tampering with evidence, and carrying a dangerous weapon. He faces a minimum sentence of 30 years in prison and a maximum sentence of life in prison.

“This murder was marked by an unspeakable brutality,” said U.S. Attorney Ronald C. Machen Jr. “Today’s first-degree murder conviction ensures that the defendant will be held accountable for this senseless and deplorable act of violence.”

Machen told the Blade his office couldn’t discuss certain specifics, such as the jury’s decision not to convict on the hate crime charge, prior to sentencing, which is scheduled for May 24.

A law enforcement source said juries sometimes find it difficult to grapple with bias-related charges in criminal cases because it’s hard to prove beyond a reasonable doubt whether a defendant used bias or hatred as his or her motive in committing a crime.

D.C. Police Chief Cathy Lanier said the department is committed to “fully investigate” hate crimes.

“In this case, MPD investigators worked diligently with the United States Attorney’s office to gather all of the facts that were available,” Lanier said. “It is unfortunate that the jury did not find in favor of the hate bias enhancement.”

The verdict in the case came two days after Machen and D.C. police officials joined LGBT activists in speaking at a community forum on anti-gay hate crimes hosted by Foundry United Methodist Church near Dupont Circle.

Machen told forum participants about his office’s prosecution of Antwan Holcomb, 21, who was convicted March 1 by a D.C. Superior Court jury of first-degree murder while armed in the December 2009 murder of gay District resident Anthony Perkins. Witnesses testified that Holcomb was overheard boasting about meeting Perkins on a gay telephone chat line and luring him to a secluded spot in Southeast D.C., where he shot him in the head inside Perkins’ car.

Machen told the forum his office considered but ruled out charging Holcomb with a hate crime in connection with the Perkins murder.

A statement released by the U.S. Attorney’s office said witnesses testified during Navarro’s week-long trial that he became angry at Massey about a month before the murder when people saw someone carry him out of the apartment building where Massey lived while his pants were falling down.

The statement says witnesses saw Massey lean over to “pull up the defendant’s pants for him” while teenagers began laughing at Navarro. Some of the teens began teasing Navarro by “saying Mr. Massey was going to make the defendant ‘his next bitch,’” the U.S. Attorney’s office statement says.

The statement says witnesses reported that Navarro turned toward Massey and gave him the “evil eye.”

A source familiar with the case said the building where Massey lived was known as a place where illegal drugs were sold and sometimes used. The source said Navarro was being carried out of the building with his pants falling because he was highly impaired due to alleged drug use and apparently was unable to walk.

According to the statement, during the following month, Navarro became the target of rumors questioning his sexual orientation. It says that on at least one occasion he was overheard “loudly denying the rumors and vowing to kill Mr. Massey.”

On Nov. 6, 2009, Navarro knocked on the door of Massey’s apartment at 4211 2nd St., N.W., and asked, “Where’s the faggot,” the statement says. It says someone answered the door and told Navarro that Massey was in the bedroom.

The statement says witnesses reported that Navarro then went into the kitchen, grabbed a “large butcher knife,” walked into the bedroom and “without any warning began stabbing Mr. Massey repeatedly.”

It says Massey died on the scene. An autopsy later revealed that he had been stabbed between 18 and 20 times, including 15 times in the back.

“In the days that followed, the defendant threatened witnesses, burned his clothes, and told relatives he would not be around for a while,” the statement says. “Five days after the murder, the Capital Area Regional Fugitive Task Force arrested the defendant in a hotel room in Southwest D.C.,” the statement says.

The statement says that during his trial, Navarro testified that he acted in self-defense, saying “he did not know Mr. Massey and that Mr. Massey attacked him for no apparent reason.”

Says the statement, “The defendant testified that he believed Mr. Massey was either going to kill him or rape him.”

Attempts to reach Navarro’s court appointed attorney, Nathan I. Silver II, for comment were unsuccessful.

A.J. Singletary, chair of Gays & Lesbians Opposing Violence, said the group appreciates the U.S. Attorney’s office’s decision to charge Navarro with a hate crime in the Massey murder.

“As this case shows, it is ultimately up to the jury in the end, but it’s important to fiercely prosecute these cases to stem the growing level of hate in our community,” Singletary said.

He said GLOV will write a community impact statement to be submitted to the judge prior to Navarro’s sentencing that “conveys the effects of this crime on the LGBT community.”

Singletary also noted that Navarro, with the help of his attorney, sought to use a form of the so-called “gay panic defense” in the case.

In past cases, attorneys representing defendants charged with killing gay men have invoked the gay panic defense to persuade juries that their client lost control of his actions due to a fear of homosexuality and lashed out and killed the victim in a state of temporary insanity.

Gay rights attorneys have pointed to evidence showing that some defendants using this defense sought out and targeted gay victims for and assault and robbery and invoked the gay panic defense after being caught.

“We all must be vigilant to make sure that nothing remotely close to a gay panic defense is seriously considered, or worse, upheld in court,” Singletary said. “Police and prosecutors must always be skeptical when they hear the gay panic defense, which as this case shows, is prevalent and dangerous.”

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Delaware

Delawareans march in D.C. WorldPride parade

CAMP Rehoboth contingent among marchers

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(Washington Blade photo by Michael Key)

The nation’s capital welcomed WorldPride this past weekend, a massive celebration that usually takes place in a different city every two years. 

The Saturday parade attracted hundreds of thousands of people from around the world and the country. The state of Delaware, a few hours drive from D.C., saw participants in the parade, with CAMP Rehoboth, an LGBTQ community center in Rehoboth Beach, hosting a bus day trip. 

Hope Vella sits on the board of directors and marched with CAMP Rehoboth. Vella said that although the parade took a long time to start and the temperature was hot, she was “on a cloud” from being there. 

“It didn’t matter to me how long it took to start. With the current changes that are in place regarding diversity and inclusion, I wanted my face there,” Vella said. “My life is an intersection. I am a Black woman. I am a lesbian, and I have a disability. All of these things are trying to be erased … I didn’t care how long it took. I didn’t care how far it was going to be. I was going to finish that parade. I didn’t care how hot it was.”

The nearly two mile parade route didn’t feel as long because everyone was so happy interacting with the crowd, Vella said. The group gave out beads, buttons, and pins to parade watchers. 

“The World Pride celebration gave me hope because so many people came out. And the joy and the love that was between us … That gave me hope,” Vella said. 

Vella said that people with disabilities are often overlooked. More than one in four Americans have disabilities, according to the U.S. Centers for Disease Control and Prevention

Vella said it was important for her “to be out there and to be seen in my wholeness as a Black woman, as a lesbian, as a woman with a disability and to not be hiding. I want our society to understand that we exist in LGBTQ+ spaces also.”

Retired Maj. Gen. Tammy Smith is involved with CAMP Rehoboth and marched with a coalition of LGBTQ military members. Smith said they were walking to give transgender military members visibility and to remind people why they are serving. 

“When we are not visible, what is allowed to take our place is stereotypes,” Smith said. “And so without visibility, people think all veterans are conservative and perhaps not open to full equality. Without visibility, they might think a small state with a farming background may be a place that’s unwelcoming, but when you actually meet the people who are from those places, it sets aside those stereotypes and the real authenticity is allowed to come forward.”

During the parade, Smith said she saw trans military members in the parade make eye contact or fist bump with transgender people in the crowd. 

“They were seen. Both sides were seen during that parade and I just felt privileged to be able to witness that,” Smith said. 

Smith said Delaware is a state that is about freedom and equality and is the first state for a reason. The LGBTQ community is engrained as part of life in the Rehoboth and Lewes areas. 

“What pride means to me is that we must always be doing what is necessary to maintain our dignity as a community,” Smith said. “We can’t let what people with negative messaging might be tossing our way impact us and the celebration of Pride. I don’t see it as being self-promoting. I see it as an act of dignity and strength.”

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Drag queens protest Trump at the Kennedy Center

President attended ‘Les Misérables’ opening night on Wednesday

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The Kennedy Center (Washington Blade photo by Michael Key)

On Wednesday night, four local drag performers attended the first night of the Kennedy Center’s season in full drag — while President Donald Trump, an outspoken critic of drag, sat mere feet away. 

Three queens — Tara Hoot, Vagenesis, and Mari Con Carne — joined drag king Ricky Rosé to represent Qommittee, a volunteer network uniting drag artists to support and defend each other amid growing conservative attacks. They all sat down with the Washington Blade to discuss the event.

The drag performers were there to see the opening performance of “Les Misérables” since Trump’s takeover of the historically non-partisan Kennedy Center. The story shows the power of love, compassion, and redemption in the face of social injustice, poverty, and oppression, set in late 19th century France. 

Dressed in full drag, the group walked into the theater together, fully aware they could be punished for doing so.

“It was a little scary walking in because we don’t know what we’re going to walk into, but it was really helpful to be able to walk in with friends,” said drag queen Vagenesis. “The strongest response we received was from the staff who worked there. They were so excited and grateful to see us there. Over and over and over again, we heard ‘Thank you so much for being here,’ ‘Thank you for coming,’ from the Kennedy Center staff.”

The staff weren’t the only ones who seemed happy at the act of defiance. 

“We walked in together so we would have an opportunity to get a response,” said Tara Hoot, who has performed at the Kennedy Center in full drag before. “It was all applause, cheers, and whistles, and remarkably it was half empty. I think that was season ticket holders kind of making their message in a different way.”

Despite the love from the audience and staff, Mari Con Carne said she couldn’t help feeling unsettled when Trump walked in.

“I felt two things — disgust and frustration,” Carne said. “Obviously, I don’t align with anything the man has to say or has to do. And the frustration came because I wanted to do more than just sit there. I wanted to walk up to him and speak my truth  — and speak for the voices that were being hurt by his actions right now.”

They weren’t the only ones who felt this way according to Vagenesis:

“Somebody shouted ‘Fuck Trump’ from the rafters. I’d like to think that our being there encouraged people to want to express themselves.”

The group showing up in drag and expressing themselves was, they all agreed, an act of defiance. 

“Drag has always been a protest, and it always will be a sort of resistance,” Carne said, after pointing out her intersectional identity as “queer, brown, Mexican immigrant” makes her existence that much more powerful as a statement. “My identity, my art, my existence — to be a protest.”

Hoot, who is known for her drag story times, explained that protesting can look different than the traditional holding up signs and marching for some. 

“Sometimes protesting is just us taking up space as drag artists,” Hoot added. “I felt like being true to who you are —  it was an opportunity to live the message.”

And that message, Ricky Rosé pointed out, was ingrained with the institution of the Kennedy Center and art itself — it couldn’t be taken away, regardless of executive orders and drag bans

“The Kennedy Center was founded more than 50 years ago as a place meant to celebrate the arts in its truest, extraordinary form,” said Ricky Rosé. “President Kennedy himself even argued that culture has a great practical value in an age of conflict. He was quoted saying, ‘the encouragement of art is political in the most profound sense, not as a weapon in the struggle, but as an instrument of understanding the futility of struggle’ and I believe that is the basis of what the Kennedy Center was founded on, and should continue. And drag fits perfectly within it.”

All four drag performers told the Washington Blade — independently of one another — that they don’t think Trump truly understood the musical he was watching.

“I don’t think the president understands any kind of plot that’s laid out in front of him,” Vagenesis said. “I’m interested to see what he thinks about “Les Mis,” a play about revolution against an oppressive regime. I get the feeling that he identifies with the the rebellion side of it, instead of the oppressor. I just feel like he doesn’t get it. I feel it goes right over his head.”

“Les Misérables” is running at the Kennedy Center until July 13.

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Comings & Goings

Kefalas, Czapary to open Yala Greek Ice Cream Shop in Georgetown

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Chrys Kefalas and Salah Czapary

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 Chrys Kefalas and Salah Czapary on their new venture, the Yala Greek Ice Cream Shop, which will open in Georgetown, at 3143 N St. N.W., around July 4.

Kefalas is the CEO and founder, Czapary is the co-founder/director of experience and operations. The third co-founder is Steve Shyn, COO. From what I hear Chrys and Salah will at times both be doing the scooping to the lucky people who stop by their shop. The word “Yala” is a play on the Greek word for “milk,” and fittingly, Yala Greek Ice Cream is made using hand-crafted techniques passed down through three generations of Greek ice cream makers. 

Kefalas told the Blade, “This is not frozen yogurt, just inspired by Greek flavors or a trendy twist on gelato. This is true Greek ice cream, finally making its American debut. It is crafted with farm-fresh milk from Maryland, Greek yogurt and honey, fruit preserves from the Mediterranean, and ingredients sourced directly from Greece, Italy, and the Middle East, including premium pistachios and sustainably harvested vanilla.” 

The two come from different backgrounds. Kefalas has a family in the restaurant business but is currently the head of the brand division at the National Association of Manufacturers. He is a former Justice Department attorney; worked as Attorney General Eric Holder’s speech writer; Gov. Bob Erlich’s counsel in Maryland; and ran for U.S. Senate in Maryland (endorsed by the Baltimore Sun). Born and raised in Baltimore, he’s a Washingtonian of nine years. He told the Blade, “Yala Ice Cream is a tribute, a legacy, and a love letter across generations.” He spent his early years working in his grandfather’s restaurant in Baltimore, Illona’s. Kefalas hopes, “Just like Greek yogurt changed everything, Greek ice cream is going to set the new standard for ice cream. But, for us, it isn’t just about ice cream; it’s about making my Papou, my grandfather, proud.” 

Many people in D.C. know Czapary. He is the son of a Palestinian refugee, and Hungarian immigrant, and a longtime Washington, D.C. resident. Czapary served as a police officer and community engagement leader with the MPD. He then ran for D.C. Council, and although didn’t win, was endorsed by the Washington Post. After that race, D.C. Mayor Muriel Bowser realized how accomplished he is and asked him to join her administration, where he served as director of the Mayor’s Office of Nightlife and Culture. 

Czapary told the Blade, “We’re bringing the first authentic Greek ice cream shop to the U.S., and we’re doing it with heart. We’re building a space where kindness, community, and a scoop of something extraordinary come together. Our Georgetown scoop shop is designed to be a welcoming haven where every guest feels a sense of belonging.”

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