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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 ā€œfaggot.ā€

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

ā€œThe U.S. Attorneyā€™s office had charged the defendant with committing this murder because of Mr. Masseyā€™s sexual orientation, but the jury did not make that finding beyond a reasonable doubt,ā€ 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 ofĀ 30 years in prison and a maximum sentence of life in prison.

ā€œThis murder was marked by an unspeakable brutality,ā€ said U.S. Attorney Ronald C. Machen Jr. ā€œTodayā€™s first-degree murder conviction ensures that the defendant will be held accountable for this senseless and deplorable act of violence.ā€

Machen told the Blade his office couldnā€™t discuss certain specifics, such as the juryā€™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 itā€™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 ā€œfully investigateā€ hate crimes.

ā€œIn this case, MPD investigators worked diligently with the United States Attorneyā€™s office to gather all of the facts that were available,ā€ Lanier said. ā€œIt is unfortunate that the jury did not find in favor of the hate bias enhancement.ā€

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 officeā€™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 Perkinsā€™ 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. Attorneyā€™s office said witnesses testified during Navarroā€™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 ā€œpull up the defendantā€™s pants for himā€ while teenagers began laughing at Navarro. Some of the teens began teasing Navarro by ā€œsaying Mr. Massey was going to make the defendant ā€˜his next bitch,ā€™ā€ the U.S. Attorneyā€™s office statement says.

The statement says witnesses reported that Navarro turned toward Massey and gave him the ā€œevil eye.ā€

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 ā€œloudly denying the rumors and vowing to kill Mr. Massey.ā€

On Nov. 6, 2009, Navarro knocked on the door of Masseyā€™s apartment at 4211 2nd St., N.W., and asked, ā€œWhereā€™s the faggot,ā€ 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 ā€œlarge butcher knife,ā€ walked into the bedroom and ā€œwithout any warning began stabbing Mr. Massey repeatedly.ā€

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.

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

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

Says the statement, ā€œThe defendant testified that he believed Mr. Massey was either going to kill him or rape him.ā€

Attempts to reach Navarroā€™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. Attorneyā€™s officeā€™s decision to charge Navarro with a hate crime in the Massey murder.

ā€œAs this case shows, it is ultimately up to the jury in the end, but itā€™s important to fiercely prosecute these cases to stem the growing level of hate in our community,ā€ Singletary said.

He said GLOV will write a community impact statement to be submitted to the judge prior to Navarroā€™s sentencing that ā€œconveys the effects of this crime on the LGBT community.ā€

Singletary also noted that Navarro, with the help of his attorney, sought to use a form of the so-called ā€œgay panic defenseā€ 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.

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

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District of Columbia

25K people attend People’s March in D.C.

President-elect Donald Trump’s inauguration is on Monday

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The People's March was held downtown Washington on Jan. 18, 2025. (Washington Blade photo by Michael Key)

Upwards of 25,000 people attended the People’s March that took place in D.C. on Saturday.

Participants ā€” who protested against President-elect Donald Trump’s proposals they say would target transgender people, immigrants, women, and other groups ā€” gathered at McPherson and Farragut Squares and Franklin Park before they joined the march that ended at the Lincoln Memorial.

The Gender Liberation Movement is among the groups that sponsored the march. Dozens of other People’s Marches took place in cities across the country on Saturday.

Trump’s inauguration will take place in the U.S. Capitol Rotunda on Monday.

(Washington Blade photos by Michael Key and Michael K. Lavers)

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Virginia

Arlington man arrested for arson at Freddie’s Beach Bar

Suspect charged with setting fires at two other nearby restaurants

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Timothy Clark Pollock (Photo courtesy of the Arlington County Fire Department)

The Arlington County Fire Department announced on Jan. 16 that an Arlington man has been arrested on three counts of arson for at least three fires set at restaurants on the same block on South 23rd Street, including Freddieā€™s Beach Bar and Restaurant, which is a gay establishment.

A statement released by the fire department says a warrant for the arrest of Timothy Clark Pollock was issued on Jan. 15 and that Clark was apprehended by Alexandria police on Jan. 16 at approximately 6:54 a.m. It says he was transferred into the custody of fire marshals and the Arlington Police Department.

Fire department officials have said the fires that Pollock allegedly set took place between 5 a.m. and 5:30 a.m. on Thursday, Jan. 9, on the 500 block of South 23rd Street in the Crystal City section of Arlington.

Freddie Lutz, owner of Freddieā€™s, said the front door of his establishment was set on fire with what appeared to be a flammable liquid such as lighter fluid. The door was partially blackened by the fire, but the restaurant itself did not catch fire, Lutz said.

Fire department officials said the other two nearby establishments hit by small fires around that same time were the Crystal City Sports Pub and McNamaraā€™s Pub and Restaurant.

Lutz told the Washington Blade that the fire at Freddieā€™s took place the day before and the day after Freddieā€™s received a threatening phone call from what sounded like the same unidentified male caller.

ā€œHe said Iā€™m going to fuck you up and Iā€™m going to fuck the women up,ā€ Lutz said the person told Freddieā€™s manager, who answered the two calls.

Lutz speculated that the caller could have been the same person who started the fire at Freddieā€™s and possibly the other two restaurants.

The short statement by the Arlington County Fire Department announcing the arrest did not say whether fire and police investigators have determined a possible motive for the fires. The statement says Pollock was being held without bond and that he is ā€œalso facing additional charges for unrelated crimes, which remain under investigation.ā€

The online Arlington news publication ARLNow reports that a Facebook account associated with Timothy C. Pollock includes a photo from inside Freddieā€™s posted on Facebook on Dec. 21.

Lutz confirmed for the Blade the photo is clearly one that was taken inside Freddieā€™s showing Christmas decorations, leading Lutz to believe that Pollock has been inside Freddieā€™s at least once if not more than once.

Photos of Timothy C. Pollock on that personā€™s Facebook page appear to be the same Pollock as that captured in the mug shot photo of Pollock released by the Arlington County Fire Department on Jan. 16.

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Delaware

Delaware governor issues executive order creating LGBTQ+ Commission

Body to ā€˜strengthen tiesā€™ between government and community

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Delaware Gov. Bethany Hall-Long, center, on Jan. 16, 2025, signed an executive order that created the state's first LGBTQ+ Commission. (Photo courtesy of Sussex Pride)

Delaware Gov. Bethany Hall-Long on Jan. 16 signed and issued an executive order creating a Delaware State LGBTQ+ Commission that she said will hold public forums for the exchange of ideas on the needs of the stateā€™s diverse LGBTQ community.

ā€œThe nine-member commission will serve to strengthen ties between the government and LGBTQ+ organizations,ā€ a statement released by the governorā€™s office says.

The statement adds that the new commission will ā€œhelp remove barriers to societal participation for LGBTQ+ people and improve the delivery of services to the community in Delaware to areas such as employment, equality, education, and mental health.”

It says that members of the commission will be appointed by the governor and serve without monetary compensation for a three-year term.

According to the statement, the commission members ā€œwill represent different facets of the LGBTQ+ community, taking into account age, race, gender, identity, background, life experiences and other factors, and reflect the geographic diversity of the state.ā€

Hall-Long’s executive order creating the new commission came at a time when she is serving in effect as interim governor for a period of just two weeks. As lieutenant governor, she became governor on Jan. 7 when outgoing Gov. John Carney resigned to take office in his newly elected position of mayor of Wilmington.

Carney, who served two terms as governor, could not run again for that position under Delawareā€™s term limit law. Democrat Matt Myer won the governorā€™s election in November and will be sworn in as Delawareā€™s next governor on Jan. 21, when Hall-Long will step down.

Myer was expected to appoint the commission members in the weeks following his assumption of gubernatorial duties.

ā€œUltimately, the commission will advise the governor, members of the governorā€™s Cabinet, members of the General Assembly, and other policymakers on the effect of agency policies, procedures, practices, laws, and administrative rules on the unique challenges and needs of LGBTQ+ people,ā€  the statement released by Hall-Longā€™s office says.

ā€œIt is truly an honor to bring this commission to fruition, and I am very excited to see the positive changes the commission will make in the lives of our LGBTQ+ neighbors,ā€ Hall-Long said in the statement.

David Mariner, executive director of Sussex Pride, an LGBTQ advocacy group based in Delawareā€™s Sussex County, which includes Rehoboth Beach, praised the new executive order as an important step in advancing LGBTQ equality.

ā€œIt is my hope that through this commission, we can address the critical issues facing LGBTQ Delawareans,ā€ Mariner said in his own statement.

ā€œThis includes developing an LGBTQ health report with a tangible roadmap to health equity, increasing collaboration and communication on hate crimes and hate-related activities, and ensuring that nondiscrimination protections, guaranteed by law, are a reality for all of our residents,ā€ he said.

The statement announcing the LGBTQ+ Commission and the full text of the executive order can be accessed here. 

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