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Probation for D.C. cop in trans shooting case

Judge rejects prosecutor’s request for five-year jail term

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Metro DC Police, gay news, Washington Blade

D.C. police officer Kenneth Furr was sentenced in a case related to the firing of his gun through the windshield of a car with the five people inside. (Washington Blade photo by Phil Reese)

An off-duty D.C. police officer accused in August 2011 of firing his service revolver into a car occupied by three transgender women and two male friends was sentenced on Thursday to three years of supervised probation, a $150 fine, and 100 hours of community service.

D.C. Superior Court Judge Russell Canan also sentenced Officer Kenneth Furr, 48, to five years in prison but suspended all but 14 months of the prison term and credited Furr with the 14 months he already served between the time of his arrest and his trial last October.

Canan released Furr October 26 while awaiting sentencing after a Superior Court jury convicted him of assault with a deadly weapon and solicitation for prostitution but acquitted him on six other charges, including the most serious charge of assault with intent to kill while armed.

The latter charge was linked to his firing of five shots into the car where the transgender women and their friends were sitting.

Police and prosecutors have said the shooting occurred following a confrontation that started when Furr solicited one of the transgender women for sex for money at 5th and K Streets, N.W., and followed the woman after she rejected his offer. Furr then argued with one or more of her friends who asked Furr leave her alone.

At the time of his arrest, police said Furr’s blood alcohol level was twice that of the legal limit for drivers.

Canan rejected a request by Assistant U.S. Attorney Laura Worm, the lead prosecutor, that Furr be given the maximum sentence of 5 years in prison for the assault with a deadly weapon charge. He also denied her request for an additional three months incarceration for the solicitation conviction.

News of the shooting outraged LGBT activists as well as Mayor Vincent Gray and members of the D.C. City Council, who called for stepped up efforts to curtail violence against the city’s transgender community.

The D.C. Trans Coalition issued a statement late Thursday calling the sentence of no additional jail time for Furr “outrageous” and said it would heighten longstanding fears by the transgender community of mistreatment and abuse by police officers.

“This result is the product of a legal system that constantly devalues trans lives, particularly trans people of color,” said D.C. Trans Coalition member Jason Terry. “Officer Furr’s defense team actively sought to portray the victims as somehow deserving of this violence, and apparently they succeeded,” he said.

“If roles had been reversed and a black trans woman had gotten drunk and shot a gun at a police officer, the results would be drastically different,” Terry said.

Court observers said the jury’s decision to find Furr not guilty on the assault with intent to kill while armed charge most likely resulted from a successful effort by Furr’s attorneys to portray the shooting as an act of self-defense.

Canan said his suspension of 46 months of the 60 month (five year) prison term was contingent upon Furr’s successful completion of his three year probation period and other restrictions, including a requirement that he stay away from the five complainants.

Court records show Canan also ordered Furr to stay away from “the area bounded by: New York Avenue, Massachusetts Avenue, 7th Street, N.W. and North Capitol Street, N.W.,” which is widely known as one of the city’s transgender prostitution zones.

In addition, Canan set as a condition for the parole that Furr enter an alcohol treatment program and enroll in anger management classes.

In the sentencing memorandum on behalf of the U.S. Attorney’s office, Worm said one reason why Furr was not a good candidate for a sentence involving parole and no prison time was that he failed to immediately comply with his pre-sentencing release conditions. She noted that although he was instructed to report immediately after his release on Oct. 26 for regular alcohol testing and other conditions, he did not report for the testing until a full month after his release.

The charge of assault with a deadly weapon, on which he was convicted, stemmed from allegations by prosecutors that Furr pointed his gun at one of the transgender women’s friends outside a CVS store on the 400 block of Massachusetts Ave., N.W. at about 5 a.m. on Aug 26, 2011.

According to testimony by the victims, Furr solicited one of the trans women propositioning sex for money minutes earlier on the street at 5th and K Streets, N.W. The woman rebuffed his request and walked away, but Furr followed her to the CVS store, where one of her male friends called on Furr to leave her alone, witnesses reported.

Furr then started an argument that continued outside the store, where Furr pulled out his gun and pointed it at the women’s friend.

Although Furr did not fire the gun, prosecutors argued his action constituted an assault with a deadly weapon and persuaded the jury to convict him on that count.

During the trial the defense presented evidence, which prosecutors acknowledged was factually correct, that the trans women and their male friends responded by following Furr in their car after Furr drove away from the CVS store.

Trial testimony showed that the group followed Furr to the area of 3rd and K Street, N.W., where they observed Furr attempting to solicit another transgender woman for sex. At that point, two of the people in the car got out and confronted Furr and one or both of them assaulted Furr, witnesses testified during the trial.

Furr then returned to his car and drove away, with the trans women and their male friends following him again, witnesses testified. This prompted Furr to stop his car at First and Pierce Streets, N.W., and fire his gun at the other car, which Furr’s lawyer said was in pursuit of his, according to testimony at the trial.

One of the male friends driving the vehicle ducked to avoid being shot and unintentionally rammed the car into Furr’s car, witnesses testified.

Furr responded by climbing on the hood of the car occupied by the transgender women and their friends and fired five times through the front windshield, causing three of the occupants to suffer non-fatal gunshot wounds.

Within minutes D.C. police rushed to the scene and arrested Furr, who was found to have a blood alcohol level twice the legal limit under D.C. law.

David Knight, Furr’s lead defense attorney, appeared to have persuaded the jury that the people he shot at were the aggressors and Furr acted in self-defense, court observers said.

“He was alone, outnumbered and under attack,” the Washington Post quoted Knight saying to the jury. “He was threatened, assaulted and pursued by a car full of people who wanted to harm him.”

In her sentencing memorandum, Worm said that at no point did Furr identify himself as a police officer to the complainants nor did he call for police help if he believed he was in danger.

“To be sure, some of the complainants involved in this incident engaged in risky behavior and bad judgment,” she said in the memo.

“The government does not minimize the fact that both parties had opportunities to withdraw from this conflict, but the government’s view, as exhibited in its charging decisions, is that the defendant bore criminal responsibility for provoking and escalating the conflict, and introducing a deadly weapon into a situation that could have otherwise been resolved,” Worm wrote in the memo.

“Many of the witnesses who testified at trial were associated, in some way, with Washington, D.C.’s transgender community,” Worm said in the memo. “That community has historically suffered discrimination from a variety of sources. Moreover, the members of the transgender community bear a heightened risk that they will be victims of violent crime,” she wrote.

“This defendant was a police officer charged with protecting and serving the citizens of the District of Columbia,” she said. “Defendant Furr’s actions on the night of this offense increased the transgender community’s already significant safety concerns and their distrust of the Metropolitan Police Department.”

D.C. police spokesperson Gwendolyn Crump said Furr has been suspended without pay and that the department will follow its standard procedure for dealing with an officer convicted of a felony. Police observers have said a felony conviction, especially one associated with violence, usually results in the firing of a police officer.

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10 Comments

10 Comments

  1. I. Tohljaseaux

    January 11, 2013 at 11:34 am

    “Police observers have said a felony conviction, especially one associated with violence, usually results in the firing of a police officer.”

    Usually? This would seem to imply that a badged piece of garbage such as Furr has the opportunity to remain a menace with near-total immunity.

  2. Theona

    January 12, 2013 at 8:32 am

    The double standard in the District is alive and well. If anyone and especially a trans person had done what this jack ass did they’d be serving a 10 year sentence. Hopefully this piece of shit will shoot himself while he’s drunk and blow his genitals off.

    The level of hatred harbored towards the transgender community is sky high in the police stations throughout D.C.

    This case should be taken to the Department of Justice for further review.

  3. brian

    January 12, 2013 at 4:45 pm

    MPD HQ will somberly promise the LGTB community a lot of things while any given hate crime is in the news. It is a PR game they play.

    They count upon LGBT community interest to die down, so that they can continue to ignore anti-LGBT hate crimes cases. How many years have we witnessed this ‘MO’ under this chief of police?

    Mayor Gray continues to be tacitly complicit in that cynical PR game, as well.

    Notice that MPD’s Ms. Crump did not offer any details, nor a time frame as to MPD’s “dealing” with this now-convicted MPD felon. If MPD PR promises lack a time range for the next followup action to occur, be suspicious. Be VERY suspicious.

    Talk is cheap. Any of us can speculate as to what might happen with MPD’s employment of a convicted felon which tarnishes all badges. The only thing that is relevant is what MPD actually DOES with anti-LGBT hate crimes cases.

    — Why have anti-LGBT hate crimes case gone up every year without any effective effort by MPD’s chiefs to end them?
    — Is MPD really acting without institutional anti-LGBT prejudice– both transphobic and homophobic?
    — And if not, then why isn’t MPD HQ acting transparently with the public it is sworn to serve?

    Chief Lanier needs to be reminded that having a SECRET POLICE force in our nation’s capital is not an option. And having a “liaison” group that is not permitted by the chiefs to provide anti-LGBT hate crimes stats to LGBT public safety activists is a sham.

    MPD HQ must make available to the public, and through its own Gay and Lesbian Liaison Unit (GLLU), MPD’s closure and other stats on anti-LGBT hate crimes-related cases for the past 5 years…

    — How many anti-LGBT hate crimes have been closed by MPD with an arrest?
    — How many anti-LGBT hate crimes cases are open?
    — How many anti-LGBT hate crimes cases are actively under investigation?
    — What specific investigative actions and how many MPD hours have been spent on investigating anti-LGBT hate crimes case?
    — What new investigative procedures and actions are being implemented by MPD?

    Compiling meaningful statistics which give DC LGBT residents and LGBT visitors to DC an accurate picture of the growing threat of violent hate crimes– to them and their loved ones– is essential for public safety.

    New Council Judiciary Committee Chair Tommy Wells and his staff should be asking tough, ongoing, relevant oversight questions of MPD. That alone might actually reverse the chronic rise in incredibly violent anti-LGBT hate crimes in DC.

    DCTC should work closely with GLOV and GLAA (and Rainbow Rainbow response, where relevant) to compile and monitor the progress of investigations of DC’s anti-LGBT hate crimes cases.

    And DC’s LGBT residents and businesses should support those organizations– with special events, if needed– in their incredibly important work to help keep us all safe on the streets of Washington.

  4. Phyllis McCraw

    January 13, 2013 at 5:07 pm

    What a creep and our flaky justice system at work.

  5. Cassie Lascola

    January 14, 2013 at 3:10 pm

    Pardon? Probation? DID HE NOT DISCHARGE HIS WEAPON WHILE INTOXICATED WITH INTENT TO KILL? DID HE NOT ALSO DRIVE DRUNK? SUSPENSION? sorry that doesn't cut it! he was drunk and fired at unarmed civilians, he should be behind bars! why are we (transgendered) people treated as if we are 3rd class? he tried to kill! plain and simple!

    • Matt Demery

      January 14, 2013 at 3:23 pm

      He's a cop. He's allowed to do that

    • Cassie Lascola

      January 14, 2013 at 3:24 pm

      I want to be a cop but i fucking know better!! treat every one the same!

    • Jessica MacArthur

      January 14, 2013 at 4:03 pm

      Fuck that. Even with what I had said yesterday, the man was still guilty of assault with a deadly weapon with intent to kill. He should be serving 25 to life.

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Gay attorney’s plans to run for Del. Senate foiled by redistricting

Activists say move will ‘dilute’ LGBTQ vote

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Mitch Crane, gay news, Washington Blade
Gay Democratic activist Mitch Crane. (Photo courtesy Crane)

Plans by Delaware gay attorney and Democratic Party activist Mitch Crane to run for a seat in the Delaware State Senate in a district that included areas surrounding the town of Lewes, where Crane lives, and Rehoboth Beach ended abruptly this week when state officials approved a redistricting plan that removes Crane’s residence from the district.

The seat for which Crane planned to run is in Delaware’s 6th Senate District which, in addition to Lewes and Rehoboth, includes the towns of Dewey Beach, Harbeson, Milton, and surrounding areas, according to the state Senate’s website. 

The seat is currently held by Ernesto “Ernie” Lopez, a moderate Republican who became the first Hispanic American elected to the Delaware Senate in 2012. Lopez announced in July that he would not seek re-election in 2022. 

The redistricting plan, which was approved by leaders of the Democratic-controlled Delaware General Assembly, places the section of the Lewes postal district where Crane lives into the 19th Senate District. Crane said that district is in a heavily Republican and conservative part of the state dominated by supporters of President Donald Trump who remain Trump supporters.

Under Delaware law, changes in the district lines of state Senate and House districts, which takes place every 10 years following the U.S. Census count, are decided by the Delaware General Assembly, which is the state legislative body.

Crane told the Washington Blade that neither he nor any other Democrat would have a realistic chance of winning the State Senate seat next year in the 19th District.

“Jesus could not win in that district if he was a Democrat,” said Crane.

Crane said a Democratic candidate could win next year in the reconfigured 6th Senate District now that incumbent Lopez will not be seeking re-election.

The Cape Gazette, the Delaware newspaper, reported in an Oct. 22 story that Crane was one of at least two witnesses that testified at a two-day virtual hearing held Oct. 18-19 by a State Senate committee, that the proposed redistricting would dilute the LGBTQ vote in the 6th District and the draft proposal should be changed.

 “The proposed lines remove a significant percentage of the LGBTQ residents from the current 6th District where most of such residents of southern Delaware live and place them in the 19th District which has a smaller such population,” the Cape Gazette quoted Crane telling the committee. “By doing so, it dilutes the impact of the gay community which shares political beliefs,” the newspaper quoted him as saying.

“The proposed lines dilute the voting power of the LGBTQ community in addition to others who respect diversity,” the Cape Gazette quoted 6th District resident Sandy Spence as telling the committee. 

In an Oct. 10 email sent to potential supporters before the redistricting plan was approved, Crane said he believes he has the experience and record that make him a strong candidate for the state Senate seat. He is a former chair of the Sussex County Democratic Party, where Rehoboth and Lewes are located; and he currently serves as an adjunct professor at Delaware State University’s graduate school, where he teaches American Governance and Administration.

He is a past president of the Delaware Stonewall PAC, a statewide LGBTQ advocacy group, and he’s the state’s former Deputy Insurance Commissioner.

 “I intend to focus on smart growth in Sussex County; work on the problems of homelessness and the need for affordable housing; and assuring that this district receives its fair portion of tax dollars,” he said in his Oct. 10 email message announcing his candidacy.

Crane said he posted a Facebook message on Oct. 26 informing supporters that the redrawn district lines removed him from the district, and he is no longer a candidate.

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MSNBC’s Capehart to host SMYAL’s Fall Brunch Nov. 6

Ashland Johnson to serve as keynote speaker

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Gay journalist Jonathan Capehart will host SMYAL’s Fall Brunch. (Blade file photo by Michael Key)

Pulitzer Prizing-winning gay journalist Jonathan Capehart, the anchor of MSNBC’s “Sunday Show with Jonathan Capehart,” will serve as host for the 24th Annual SMYAL Fall Brunch scheduled for Saturday, Nov. 6, at D.C.’s Marriott Marquis Hotel.

The annual Fall Brunch serves as one of the largest fundraising events for SMYAL, which advocates and provides services for LGBTQ youth in the D.C. metropolitan area. 

“Each year, a community of advocates, changemakers, and supporters comes together at the Fall Brunch to raise much-needed funds to support and expand critical programs and services for queer and trans youth in the DMV area,” a statement released by the organization says.

The statement says attorney and former Division I women’s collegiate basketball athlete Ashland Johnson will be the keynote speaker at the SMYAL Fall Brunch. Johnson founded the sports project called The Inclusion Playbook, which advocates for racial justice and LGBTQ inclusion in sports.

Other speakers include Zahra Wardrick, a SMYAL program participant and youth poet; and Leandra Nichola, a parent of attendees of Little SMYALs, a program that SMYAL says provides support for “the youngest members of the LGBTQ community” at ages 6-12. The SMYAL statement says Nichola is the owner and general manager of the Takoma Park, Md., based café, bar, retail, and bubble tea shop called Main Street Pearl.

According to the statement, the SMYAL Fall Brunch, including a planned silent auction, will be live streamed through SMYAL’s Facebook page for participants who may not be able to attend in person. For those attending the event in person, proof of COVID-19 vaccination will be required, and masks will also be required for all attendees when not actively eating or drinking, the statement says.

The statement says that for attendees and supporters, the Fall Brunch is “a community celebration of how your support has not only made it possible for SMYAL to continue to serve LGBTQ youth through these challenging times, it’s allowed our programs to grow and deepen.”

Adds the statement, “From affirming mental health support and housing to fostering community spaces and youth leadership training, we will continue to be there for queer and trans youth together.”

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McAuliffe: Youngkin ‘most homophobic’ candidate in Va. history

Former governor spoke with Blade on Oct. 21

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Terry McAuliffe (Photo courtesy of Terry McAuliffe for Governor)

Terry McAuliffe described Republican Glenn Youngkin as the “most homophobic” and most “anti-choice candidate” in Virginia history during an Oct. 21 telephone interview with the Washington Blade.

“I’m running against the most homophobic, anti-choice candidate in Virginia history,” said McAuliffe. “I ran against Ken Cuccinelli. That’s saying something.”

McAuliffe, a former chair of the Democratic National Committee, in 2013 defeated Cuccinelli, Virginia’s then-attorney general who vehemently opposed LGBTQ rights, in that year’s gubernatorial race. Youngkin, the former co-CEO of the Carlyle Group, a private equity firm, is running against McAuliffe in the race to succeed current Gov. Ralph Northam.

State Del. Hala Ayala (D-Prince William County) is running for lieutenant governor, while Attorney General Mark Herring is seeking re-election. They are running against Republicans Winsome Sears and Jason Miyares respectively.

The entire Virginia House of Delegates is also on the ballot on Nov. 2. The outcome of those races will determine whether Democrats maintain control of the chamber.

Youngkin remains opposed to marriage equality

The Associated Press a day after McAuliffe spoke with the Blade published an interview with Youngkin in which he reiterated his opposition to marriage equality, but stressed it is “legally acceptable” in Virginia and he would “support that” as governor.

The anti-LGBTQ Family Research Council, which the Southern Poverty Law Center has categorized as an extremist group, earlier this month endorsed Youngkin. The Human Rights Campaign and Equality Virginia’s political action committee are among the groups that have backed McAuliffe.

Youngkin earlier this year said he does not support allowing transgender children to play on sports teams that are consistent with their gender identity. Youngkin has also expressed support for Tanner Cross, a gym teacher at a Leesburg elementary school who was suspended in June after he spoke against the Virginia Department of Education guidelines that are designed to protect trans and non-binary students.

HRC in 2019 named the Carlyle Group as a “Best Place to Work for LGBTQ Equality” in its annual Corporate Equality Index. McAuliffe scoffed at this recognition.

“They should have checked with their co-CEO who’s against marriage equality,” he told the Blade. “That would have been the first place I would have gone to ask.”

‘I’ve always been out front fighting to protect everybody’

McAuliffe’s first executive order as governor after he took office in 2014 banned discrimination against LGBTQ state employees. He also vetoed several anti-LGBTQ religious freedom bills, created Virginia’s LGBTQ tourism board and became the state’s first governor to declare June Pride month.

McAuliffe noted to the Blade that he is also the first governor of a southern state to officiate a same-sex wedding. The lesbian couple whom he married has recently appeared in one of his campaign ads.

“I spent four years vetoing every single legislation Republicans brought forth and came across my desk that would have discriminated against the LGBTQ community,” said McAuliffe. “I’ve always been out front fighting to protect everybody.”

McAuliffe noted that CoStar, a D.C.-based commercial real estate company, moved more than 1,000 jobs to Richmond from Charlotte after then-North Carolina Gov. Pat McCrory signed House Bill 2, which banned trans people from using public restrooms consistent with their gender identity and prohibited municipalities from enacting LGBTQ-inclusive nondiscrimination measures. McAuliffe described HB 2 to the Blade as the “anti-gay bill.”

“There’s real consequences … to discriminatory actions and I will not tolerate any of it,” he said.

Former President Barack Obama campaigns with Terry McAuliffe in Richmond, Va., on Oct. 23, 2021. Obama is among the prominent Democrats who have traveled to Virginia in recent weeks to campaign on behalf of McAuliffe. (Photo courtesy of Terry McAuliffe for Governor)

McAuliffe last month said during his first debate against Youngkin that local school boards “should be making their own decisions” with regards to the implementation of the Virginia Department of Education guidelines for trans and non-binary students. McAuliffe during his second debate against Youngkin stressed “locals” should provide input on the policy, but added “the state will always issue guidance.”

McAuliffe told the Blade he has “been so offended about how many folks have tried to really demonize our children here in this state.” McAuliffe referenced children with “self-identity issues” during the interview, but he did not specifically cite those who identify as trans or non-binary.

“We’ve got to help our children … we got to help our children who are desperately in need today,” he said. “And we got to show them that we’ll be there for them, as I say, no matter how they identify or who they love.”

Youngkin on Saturday during a campaign event in Henrico County said he would ban the teaching of critical race theory in Virginia schools. McAuliffe criticized his opponent on this issue when he spoke with the Blade.

“Critical race theory is not taught in Virginia, nor has it ever been taught,” said McAuliffe. “These are dog whistles that are used, and especially in the CRT, it’s a racist dog whistle and it just fits into this whole pattern of using our children as political pawns and I hate it.”

Youngkin ‘would drive businesses out of’ Va.

McAuliffe has continued to portray Youngkin as an extremist on other issues that range from abortion and vaccine mandates as polls suggest the race between the two has grown tight. McAuliffe also continues to highlight former President Trump’s support of Youngkin.

McAuliffe told the Blade that Youngkin is “100 percent against abortion” and said his opponent would “bring those Texas-style type abortion” laws to Virginia.

The law, which bans almost all abortions in Texas and allows private citizens to sue doctors and anyone else who helps a woman obtain one, took effect last month. The U.S. Supreme Court on Nov. 1 will hear oral arguments in a case that challenges the law.

“We always knew that the Supreme Court would be a backstop on women’s rights issues: Roe v. Wade. That is gone. It’s over,” said McAuliffe. “Donald Trump’s Supreme Court is going to overrule the basic tenants of Roe v. Wade.”

McAuliffe added the Supreme Court “is going to allow these states to roll back women’s reproductive rights, so that’s no longer a talking point.”

“This is reality,” said McAuliffe. “Every woman in Virginia needs to understand it.”

Terry McAuliffe has said Glenn Youngkin poses a threat to abortion rights in Virginia. (Photo courtesy of Terry McAuliffe for Governor)

Youngkin, for his part, has said he would not have signed the Texas law.

Trump on Oct. 13 described Youngkin as a “great gentleman” when he called into the “Take Back Virginia Rally” in Henrico County that John Fredericks, host of “Outside the Beltway with John Fredericks” who co-chaired the former president’s 2016 campaign in Virginia, organized.

Participants recited the Pledge of Allegiance to an American flag that was present at the U.S. Capitol insurrection. Youngkin in a statement his campaign released said he “had no role” in the event and said it was “weird and wrong to pledge allegiance to a flag connected to January 6.”

“As I have said many times before, the violence that occurred on January 6 was sickening and wrong,” he said.

McAuliffe told the Blade that Youngkin would make Virginia “a dangerous place to live and work.”

“His governorship, if he were to be elected, would roll back individual liberties,” said McAuliffe. “He doesn’t support gay marriage, he is for eliminating abortion here in the commonwealth of Virginia and he will drive businesses out of our state and finally it is dangerous for people.”

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