Local
Marine calls fellow Marine anti-gay slur, stabs him to death near 8th St. barracks
D.C. police report says incident wasn’t a hate crime
D.C. police chose not to list as a hate crime an April 21 incident in which one U.S. Marine allegedly stabbed another Marine to death after reportedly calling him an anti-gay slur on a D.C. street, according to a police incident report.
The commander of the D.C. Police Homicide Branch, Lt. Robert Alder, said the department’s Gay and Lesbian Liaison Unit and the police hate crimes coordinator were reviewing information about the case and a hate crime designation could be added to the report sometime later.
Police said the incident took place about 2:30 a.m. on the sidewalk along the 700 block of 8th Street, S.E., across the street from the historic Marine Corps Barracks where the man charged in the killing is stationed.
Michael Joseph Poth, 20, has been charged with second-degree murder while armed for the stabbing death of Marine Lance Cpl. Philip Bushong, 23, police said in a statement released on Saturday.
“Information uncovered during the course of the preliminary investigation indicates that there was a verbal exchange, and during the exchange a homophobic slur was heard from the suspect prior to the stabbing,” the police statement says.
Alder told the Blade on Monday that a Marine guard stationed across the street outside the Marine Barracks witnessed the incident. Police said one or more of the guards apprehended Poth before D.C. police and D.C. Fire and Emergency Medical Services personnel arrived on the scene.
According to Alder, police investigators are looking for more witnesses who may have heard what Poth and Bushong were arguing about just prior ot the stabbing. He said evidence so far indicates the two did not know each other and likely met for the first time when they crossed paths on the sidewalk on 8th Street minutes before a verbal altercation turned violent.
“From what we know, the argument was not over sexual orientation,” Alder told the Blade. “And I would say at this time the information that we have appears to show that it was an insult in the heat of their argument and did not have anything to do with any perceived sexual orientation,” he said.
The police report says Bushong was taken to the Med Star unit at Washington Hospital Center, where he was pronounced dead a short time later.
The police report, known as the 251 Incident Based Event Report, says the stabbing took place on the sidewalk in front of 727 8th St., S.E., a sporting goods store located two doors away from the Ugly Mug restaurant and bar.
The Washington Post reports that friends of Bushong said Bushong visited the Ugly Mug earlier that night and was a regular customer and former employee of the bar.
The location where Bushong was stabbed is three doors away from the Dignity Center, a building owned by the gay Catholic group Dignity Washington. The site of the stabbing is also located less than a block from the residence of Gen. James F. Amos, the Marine Corps commandant.
“He was a very lighthearted, good young man,” the Post quoted the Ugly Mug’s general manager, Brent McCaslin, as saying of Bushong. “He was an outstanding employee. I never saw him angry. He was always happy,” the Post quoted McCaslin as saying.
Some additional information about the case was expected to emerge at a D.C. Superior Court presentment hearing for Poth scheduled for Monday afternoon.
“Bushong’s friends said Bushong was not gay, nor was he homophobic,” the Post reported.
“You could have called him gay and he wouldn’t have cared,” the Post quoted Nishith Pandya, one of Bushong’s friends, as saying. “He would have laughed,” the paper quoted her as saying.
Assistant D.C. Police Chief Diane Groomes told the Blade in an email that the police report stating the incident was not a hate crime may have been prepared before witnesses were interviewed and additional information became known.
“When things first happen, not all facts are sorted out immediately on the scene,” Groomes said.
Even if the police listed the incident as a hate crime, the final decision on whether to charge Poth with a hate crime is made by the United States Attorney’s office, which prosecutes most cases in the city involving a violent crime.
The city’s hate crimes law calls for charging a person with committing a hate crime if he or she commits a violent act against another person based on the victim’s actual or perceived sexual orientation, gender identity or several other factors such as race, religion, or ethnicity.
William Miller, a spokesperson for the U.S. Attorney’s office, said the office doesn’t comment on pending cases.
Miller declined to say in general whether prosecutors with the U.S. Attorney’s Office would charge someone with a hate crime if he or she hurled an anti-gay slur with the intent of insulting a victim whose sexual orientation was unknown or believed to be straight.
“We have veteran prosecutors who review cases to determine if they meet the criteria for hate-crime enhancements,” Miller told the Blade in an email. “We decline to address your specific questions. We can say that we weigh the evidence very carefully in making the charging decisions.”
Zeke Stokes, a spokesperson for the Servicemembers Legal Defense Network (SLDN), a national LGBT organization that represents gay members of the military, said the group is not aware of an increase in anti-LGBT violence in the military as a result of the recent repeal of “Don’t Ask, Don’t Tell,” which cleared the way for gays to serve openly in the military.
“All reports from the field are that implementation of DADT repeal is going very well across all services,” Stokes said.
Concerning the murder of Marine Corps member Bushong outside the Marine Barracks in D.C., Stokes said, “We understand that an investigation is underway by the appropriate authorities and it would be premature for SLDN to comment on this homicide until more of the facts are known.”
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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.
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
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.
Virginia
LGBTQ rights at forefront of 2026 legislative session in Va.
Repeal of state’s marriage amendment a top priority
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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