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Marine charged with killing another Marine after anti-gay slur claims self-defense

Judge orders defendant held without bail; finds probable cause

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Marine Barracks on Capitol Hill (Blade photo by Michael Key)

A Marine charged with fatally stabbing another Marine on a D.C. sidewalk after allegedly calling the victim an anti-gay name told police he acted in self-defense.

A police affidavit released Monday during a court hearing says Michael Joseph Poth, 20, told police he stabbed Marine Lance Cpl. Philip Bushong, 23, on April 21 after Bushong followed him on the sidewalk across the street from the Marine Barracks on Capitol Hill and after Bushong allegedly punched him in the face.

A police homicide detective who prepared the affidavit says in the document that there were no signs of an injury or bruise on Poth’s face or head when police questioned him at the Homicide Branch office a short time after the incident occurred.

Police charged Poth with second-degree murder while armed after Marine guards who witnessed the stabbing apprehended Poth. A police statement says the incident took place about 2:30 a.m. Saturday, April 21, on the sidewalk in front of 727 8th Street, S.E.

The affidavit says police found a blood-stained pocket knife attached to Poth’s pants pocket at the time they took him into custody. The D.C. Medical Examiner’s office says an autopsy found that Bushong died from a puncture wound to the heart caused by a knife penetrating his upper chest.

“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,” a police statement says.

D.C. Superior Court Magistrate Judge Karen Howze ruled at Monday’s presentment hearing that prosecutors provided sufficient evidence to establish probable cause that Poth committed second-degree murder in connection with the case. She ordered him held without bond and scheduled a preliminary hearing for the case on May 15.

No mention was made during the hearing about the police statement that a witness heard Poth make an anti-gay slur at the time Poth and Bushong got into a verbal altercation on the street that turned violent.

A police incident report doesn’t list the murder as a hate crime. Lt. Robert Alder, commander of the Homicide Branch, said a hate crime designation could be added to the report depending upon the findings of an ongoing police investigation.

Assistant U.S. Attorney Michael Liebman, the prosecutor in the case, said during Monday’s hearing that a witness observed someone believed to be Poth walking along 8th Street near where the stabbing took place but between 30 and 60 minutes earlier. He said the witness reported that the person, who fits the description of Poth, stated in an agitated way, “I’m going to stab somebody, or cut their lungs out. They are fucking with the wrong person.”

Liebman also said at the hearing that prior to the incident Marine officials were in the process of discharging Poth under less than honorable circumstances as a result of drug related offenses and “belligerent” behavior toward other Marines.

727 8th Street, S.E. (Blade photo by Michael Key)

David Benowitz, Poth’s attorney, disputed the significance of Poth’s pending discharge to the case at hand. He pointed to the police arrest affidavit’s account by another Marine guard witness who said he saw Bushong retract his arm as if he was about to punch Poth just prior to the stabbing.

Benowitz said the account by the Marine witness supports his contention that Poth acted in self-defense. He told the court that a second-degree murder charge isn’t supported by the facts of the case.

In responding to questions by reporters after the hearing, Benowitz declined to discuss the allegation by one of the Marine witnesses that Poth hurled an anti-gay slur at Bushong shortly before the stabbing.

Gay activists, including officials of the local group Gays and Lesbians Opposing Violence (GLOV), had not weighed in as of Monday on whether they agreed with the initial police decision not to list the murder as an anti-gay hate crime.

Friends of Bushong said he was neither gay nor homophobic, according to the Washington Post, which interviewed some of his friends. The Post reported that friends described Bushing as a “warm and sincere young man who loved to read” and “shattered the stereotype” of a Marine rifleman.

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District of Columbia

D.C. Pride flag raising ceremony set for June 1

Mayor, council members to participate

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D.C. Mayor Muriel Bowser at the flag-raising of the Progress Pride flag at the Wilson Building in D.C. on June 1, 2023. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser’s Office of LGBTQ Affairs is inviting the LGBTQ community and friends to attend the city’s annual Pride flag raising ceremony scheduled for 4 p.m. Monday, June 1, outside the John Wilson Building that serves as the D.C. City Hall.

Like in prior years, members of the D.C. Council and officials with the Office of LGBTQ Affairs were expected to join Bowser in delivering remarks on the front entrance steps at the Wilson Building before raising the Pride flag atop one of the tall flagpoles next to the building’s entrance.

Gaby Vincent, a spokesperson for the LGBTQ Affairs Office, said attendees of the flag raising ceremony will be invited to attend a reception immediately following the ceremony in the main lobby of the Wilson Building, which is located on Pennsylvania Avenue at 14th Street, N.W.

She said the reception will feature a DJ, dancing, and refreshments provided by the D.C. LGBTQ bar and café Spark Social House.  

Vincent said the flag raising event will also mark the 20th anniversary of the opening of the D.C. Mayor’s Office of LGBTQ Affairs.

In its official announcement of the flag raising event the LGBTQ Affairs Office also announced it is hosting the 7th annual District of Pride Showcase event to be held Friday, June 17, at 7 p.m. at the Lincoln Theater.

The announcement says LGBTQ community members, families, and allies are also invited to walk with Bowser in the Capital Pride Parade scheduled for Saturday, June 20. It says the mayor’s parade contingent will assemble at 2 p.m. at the parade’s starting location at 14th and U Streets, N.W.

“As we also celebrate the 20th anniversary of the Mayor’s Office of LGBTQ Affairs, we invite residents, community members, families and allies to join us throughout June for moments of pride, connection, visibility, and joy,” the announcement says.  

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District of Columbia

‘Queer Love’ campaign launched to address domestic violence

D.C. event set for LGBTQ+ Domestic Violence Awareness Day on May 28

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‘Domestic and family violence in LGBTQ+ communities is real and too often invisible,’ said Cesar Toledo, the Alston Foundation’s executive director. (Photo courtesy of Toledo)

The D.C.-based Wanda Alston Foundation, which provides housing and support services for homeless LGBTQ youth, announced earlier this month that it has joined partner organizations to launch a Queer Love Shouldn’t Hurt campaign aimed at addressing domestic violence within the LGBTQ community.

 In a May 18 statement, the Alston Foundation said the campaign involves a public awareness initiative leading up to LGBTQ+ Domestic Violence Awareness Day scheduled for May 28. 

“Domestic and family violence in LGBTQ+ communities is real and too often invisible,” Cesar Toledo, the Alston Foundation’s executive director, said in the statement. “As a community, we do not talk about it enough, and that silence can leave survivors feeling isolated and alone,” he said. “We must break that silence.”

He added that culturally competent care for those impacted by domestic violence is available through a newly launched website, queerlove.org, “where people can safely access vital resources, educational toolkits, and support networks they need on their healing journey.”

The website announces one of the project’s first events, a Queer Love Community Social, was scheduled for Thursday, May 28,  from 6-8 p.m. at the D.C. LGBTQ+ Community Center at 1827 Wiltberger St., N.W.

“Join us this LGBT+ Domestic Violence Awareness Day for a community social dedicated to visibility and survivor resilience,” the website statement says. “Let’s gather to strengthen our bonds, honor the path to healing, and share free resources,” it says of the May 28 event. 

The website also announces a June 1 workshop called Empowering Survivors of LGBTQ+ Intimate Partner Violence, which it says will be presented by Jesse Wedell, an official with the D.C. LGBT+ Counseling Collaborative. The website provides an online form to register for the workshop upon which its location would be disclosed.        

It identifies the partner organizations working with the Alston Foundation on the Queer Love Public Awareness Campaign as the LGBT+ Counseling Collaborative, Whitman-Walker Health, the D.C. LGBTQ+ Community Center, and Equality Chamber.

 The resources and information provided by the project can be accessed at www.queerlove.org.

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District of Columbia

Man accused of threatening to shoot D.C. bar employee after making anti-gay slurs

May 24 incident took place near Black Pride events on U Street

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(Bigstock photo)

D.C. police on Sunday, May 24, at around 4:20 p.m. arrested a Maryland man for allegedly threatening to shoot an employee while using anti-gay slurs at Ben’s Next Door restaurant and bar at 1211 U St., N.W.

According to a statement released by police and a police incident report, the arrested man, identified as Delonte Fraley, 32, of Accokeek, Md., made the threats after the employee told a bartender not to serve the man alcohol.

“The suspect overheard the employee and threatened to shoot the employee and used homophobic slurs against the employee,” the police statement says. “When the employee left the restaurant for the day, the suspect was standing near the employee’s vehicle,” it says.

“The employee returned to the restaurant and called the police,” the statement continues. “The suspect was apprehended by responding officers,” it says.

The police statement says the arresting officers charged Fraley with Felony Threats (Hate/Bias).

D.C. Superior Court records show prosecutors with the Office of the U.S. Attorney for D.C., which prosecutes D.C. criminal cases, escalated the charge to Threatening to Injure or Kidnap a Person (Bias-Related Hate Crime).

The incident occurred during Memorial Day weekend when thousands of visitors and D.C. area LGBTQ advocates and supporters were attending D.C. Black Pride events held in locations across the city, including Black Pride parties hosted by LGBTQ bars in the U Street entertainment area near Ben’s Next Door.

Among the nearby LGBTQ bars hosting D.C. Black Pride events were Nellie’s Sports Bar and Thurst Lounge. Ben’s Next Door is located next to the popular longtime U Street eatery Ben’s Chili Bowl.

Court records show that Judge Robert R. Rigsby at a May 25 presentment hearing released Fraley on personal recognizance with a stay-away order — the details of which were not publicly disclosed pending a June 4 preliminary hearing.   

A more detailed arrest affidavit filed in court by D.C. police says Fraley allegedly confronted the employee at Ben’s Next Door with anti-gay slurs on the day prior to his arrest.

“The complainant told the defendant that because he used homophobic slurs towards himself previously on May 23, 2026, and his hostess, as well as making threats to the complainant and calling him a faggot, he was unable to stay in the establishment,” the affidavit states.

It adds, “The defendant became irate stating, ‘I know where your Tesla is at. See me outside faggot, I will slap your ass’ and ‘I will shoot your ass.’” The affidavit says the complainant confirmed to police the Tesla referred to by Fraley was his vehicle. It says as the victim walked toward his car after getting off work, he saw Fraley standing directly in front of the car.

“The complainant stated he felt unsafe while the defendant was standing in front of his vehicle because he felt the defendant was capable of carrying out those threats,” says the affidavit. It says the victim then decided to return to the restaurant and call police without the defendant having seen him.  

“The defendant was placed under arrest for Felony Threats Hate/Bias and was transported to the Third District Station for processing,” the affidavit concludes.

It couldn’t immediately be determined whether the victim identifies as LGBTQ or whether any of the Ben’s Next Door patrons had been involved with D.C. Black Pride.

“Established in 2008, Ben’s Next Door is a family-owned and operated restaurant and bar on U Street, Northwest in Washington, D.C.,” a statement on its website says. “As a Black-owned establishment, it’s our goal to deliver a warm, welcoming, familiar, and communal vibe to all guests,” the statement says.    

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