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Police say help from citizens led to arrest in trans murder

Man charged in case captured on video stabbing victim in face

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At least five citizens came forward with information that enabled D.C. police to arrest a 55-year-old man charged last week in the murder of transgender woman Deoni Jones at a city bus stop on Feb. 2, according to a police arrest affidavit.

Police on Feb. 10 charged Gary Niles Montgomery of Northeast D.C. with second-degree murder while armed in connection with the fatal stabbing of Jones, 23, at a Metro bus stop at East Capitol and Sycamore streets, N.E.

A D.C. Superior Court judge ordered Montgomery held without bail at a court presentment hearing on Saturday, Feb. 11. He is scheduled for a preliminary hearing on Feb. 23, where prosecutors are expected outline their case against him.

“Unlike what we have seen in the past, in this case, at the time when this homicide took place, passersby unrelated to the situation intervened – two passersby – and attempted to assist a person that they believed was being assaulted,” said D.C. Police Chief Cathy Lanier at the news conference she called to announce the arrest in the case.

“They stopped, they did what they could to help, and they notified police and they waited for police to come to the scene,” Lanier said. “And then we had people in the community who came forward and provided us the information that we need. And I want to thank all those who have helped us bring this case to closure.”

Lanier said police had yet to determine the motive for the murder and they had not ruled out classifying the case as a hate crime.

The police arrest affidavit reveals that a video released to the news media by police the day after the murder, which showed a man walking across a street that police identified as a “person of interest” in the case, also captured the murder itself.

In a chilling narrative, the affidavit says the video shows the suspect, later identified as Montgomery, and Jones sitting on a bench at the bus stop. It says one witness who also sat briefly on the same bench with Jones and Montgomery, before walking away, noticed that Montgomery was starring at Jones.

“Additionally, witness #3 reported that the [then] unknown black male [suspect] had ‘big eyes’ as if he was under the influence,” the affidavit says.

The affidavit says the video shows that at one point Jones got up and walked away from the bus stop and out of range of the video. It says the video shows Montgomery getting up and following Jones before Jones and then Montgomery returned to the bus stop and sat down on opposite ends of the bench.

“Approximately eight minutes following their return, the suspect is observed standing up facing the decedent, who remained sitting,” the affidavit says. “The suspect is then observed striking the decedent one time in the head, causing the decedent to collapse to the ground. The suspect is observed bending over and picking up what is believed to be the decedent’s purse,” the affidavit says.

“Upon doing this, witness #2 is observed confronting the suspect,” it says. “The suspect is observed dropping the decedent’s purse and running from the bus stop. Witness #2 is observed pursuing and apprehending the suspect. However, witness #2 became distracted for a moment, at which time the suspect escaped,” says the affidavit.

The affidavit says witness #2 was one of two motorists that observed Montgomery strike Jones as their car was stopped at a red light at a location close to the bus stop. It says both witnesses ran out of the car to help Jones, with one chasing after the suspect later identified as Montgomery.

The affidavit says detectives with the Homicide Branch learned after interviewing both witnesses that the witness who apprehended Montgomery became distracted after the other witness yelled that Jones was gravely injured and needed immediate medical attention.

An autopsy showed that Jones suffered a fatal stab wound to the right side of her face that penetrated her skull, the affidavit says. It says that when emergency medical technicians arrived at the scene of the crime they found a knife lodged in her head.

The police affidavit says at least three citizens who live in the area where the murder took place called police to say they recognized a “person of interest” shown in part of a video taken at the scene of the stabbing and released by police to the media.

Police haven’t identified the source of the video, but some observers believe it may have been from a police surveillance camera because the view shown is from an elevated position looking down at the street.

“[M]embers of the Metropolitan Police Department were contacted by Witness #4 who reported that while watching local news coverage of the crime, it viewed the surveillance footage and recognized the ‘person of interest’ to be an individual it has seen on a daily or weekly basis for the past ten years,” the affidavit says.

“Specifically, Witness #4 reported that the ‘person of interest’ is an individual who panhandles two blocks west of the crime scene near the intersection of East Capitol Street and Benning Road, N.E.,” the affidavit says. “Witness #4 reported that it recognized Gary Montgomery in the video based on physical description, clothing, and prominent limp.”

The affidavit says Witness #4 played a key role in Montgomery’s arrest when the witness observed Montgomery near the intersection of East Capitol Street and Benning Road shortly after the witness contacted police to say he recognized the “person of interest” from the video.

“Witness #4 immediately contacted law enforcement who responded to the scene and stopped Gary Montgomery,” the affidavit says. It says the witness identified Montgomery as the person of interest at the time police stopped him.

According to police, investigators learned later that Montgomery had been living in the basement of a vacant residence 208 44th Street, N.E., “on a daily basis for the past six months.”

D.C. Superior Court records show that Montgomery has been arrested seven times between 2004 and 2008 on misdemeanor, fugitive, and traffic related charges.

Police spokesperson Gwendolyn Crump said investigators do not consider Montgomery a suspect in the August 2009 daytime stabbing murder of transgender woman NaNa Boo Mack on a street in the city’s Shaw neighborhood, which remains unsolved.

Transgender activists praised what they called a thorough police investigation that led to Montgomery’s arrest and Lanier’s decision to shed a spotlight on the case by holding a news conference to announce the arrest.

“I am very pleased at the chief making this announcement herself,” said Earline Budd, an official with the D.C. transgender services and advocacy group Transgender Health Empowerment.

Budd said she also wants to thank the witness who intervened to help Jones and attempted to apprehend the suspect at the crime scene as well as “all of those who called in tips that led to this arrest.”

But Budd and other transgender activists noted that most of more than a half dozen transgender murders that have occurred in the city over the past several years remain unsolved.

“I don’t believe that we are yet where we should and want to be,” Budd said in an email to the Washington Blade.

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Local

Comings & Goings

Gill named development manager at HIPS

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Warren Gill

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]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”

Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.  

Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.

Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.  

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District of Columbia

Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit

MPD accused of illegally demoting officer for taking family leave to care for newborn child

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D.C. Police Captain Paul Hrebenak (right) embraces his husband, James Frasere, and the couple's son. (Photo courtesy of Hrebenak)

A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.

The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.  

It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.

In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.

Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.

“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”  

Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.

In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.

Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.

In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.

“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.

“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”

Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.

The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.

Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.

“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.

 In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”

One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.

Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.

“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflect involuntary transfers on MPD personnel as retaliation for doing or saying something  in which leadership disapproved,” Lempert says in his court filing submitting the two reports.

“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.  

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Virginia

LGBTQ rights at forefront of 2026 legislative session in Va.

Repeal of state’s marriage amendment a top priority

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Virginia Capitol (Washington Blade photo by Michael Key)

With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics. 

The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.

The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.

Two successive legislatures must approve the resolution before it can go to the ballot.

The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.

The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.

In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care. 

Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”

Along with ensuring school training, the organization wants funding in hopes of “​​establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.

On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.

Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.

Equality Virginia is tracking bills on its website.

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