Local
Marine murder case goes to jury
Prosecutor, defense argue over whether slaying was self-defense
A D.C. Superior Court jury is deliberating over a murder case that allegedly involved use of an anti-gay epithet. (Washington Blade file photo by Michael Key)
A D.C. Superior Court jury began deliberations on Friday over whether a 21-year-old former U.S. Marine should be found guilty of second degree murder while armed for stabbing a fellow Marine to death after allegedly shouting an anti-gay slur following an April 2012 altercation.
Pfc. Michael Poth, who has since been discharged from the Marines, has been held in jail since the time D.C. police arrested him on April 21, 2012, minutes after witnesses said he stabbed Lance Corp. Phillip Bushong, 23, in the upper chest with a pocket knife on 8th Street, S.E., across the street from the Marine Barracks.
Bushong was pronounced dead less than an hour later after being taken to a hospital. An autopsy showed he died of a single knife wound that punctured his heart.
Gay congressional staff member Nishith Pandya, a friend of Bushong’s who emerged as a lead prosecution witness, testified that Poth called him and Bushong a “faggot” while the two stood with others on the sidewalk outside Mollie Malone’s restaurant and bar as Poth walked by.
Pandya, who works for U.S. Rep. Bobby Rush (D-Ill.), told the jury he’s gay and that he and Bushong, who was straight, were platonic friends.
Assistant U.S. Attorney Michael Liebman, the lead prosecutor in the case, said Poth hurled the anti-gay slur with the intent of provoking Bushong into a confrontation to give Poth an excuse to stab Bushong. Liebman cited testimony by witnesses that Poth became angry over a remark that Bushong made to Poth about an hour earlier when the two Marines first crossed paths on 8th Street.
A police report says Poth told D.C. police homicide detectives after the stabbing that Bushong called him a “boot,” a slang term used for a Marine just out of boot camp.
“Call me boots and the fight started,” the police report quoted Poth as saying. “He was talking shit so I stabbed him…I stabbed him because he punched me in the head,” the report quoted him as saying.
In his closing argument, Liebman pointed to a civilian witness who testified that she saw someone fitting Poth’s description walking along 8th Street saying to himself he was going to stab somebody. Liebman cited testimony by a police detective that Poth told police at the time of his arrest, upon learning that Bushong was being taken to a hospital, “Good, I hope he dies.”
The prosecutor said other witnesses, including Marine guards who were watching Poth walk past them on 8th Street and nearby streets prior to the stabbing, made it clear that Poth wanted to confront Bushong again and was walking up and down the street looking for him.
“You don’t get to claim self-defense when you proclaim intent to stab someone before you come into contact with them,” Liebman told the jury. “The law doesn’t allow you to use deadly force before you have contact” in a self-defense claim, Leibman said.
Poth’s attorney, Bernard Grimm, told the jury Poth acted in self-defense and that the stabbing came after Bushong and Pandya walked toward Poth at the time of the verbal altercation outside Mollie Malone’s. Grimm said the jury should be skeptical about Pandya’s claim that Poth made an anti-gay slur.
Grimm pointed out repeatedly that Poth, who weighs 140 pounds and is five-feet-seven inches tall, was far smaller than Bushong, who was over 6 feet tall and Pandya, who weighs more than 200 pounds.
He said one of several videos obtained from security cameras deployed by businesses along 8th Street suggested that Poth had been on the ground and stood up just before the stabbing. This corroborated Poth’s claim that Bushong punched him in the head and knocked him down and that Poth stabbed Bushong in self-defense, Grimm said.
Leibman and Grimm played video footage from security cameras of several of the businesses along the street, but none of the video footage captured the stabbing.
Grimm called Pandya’s testimony unreliable, saying that Pandya told police the person who stabbed Bushong was wearing khaki colored short pants when it was clear to all other witnesses that he was wearing blue jeans. He said Pandya, knowing that the stabbing took place after Bushong followed Poth and acted as the aggressor, didn’t want police to talk to Poth out of fear that it would become clear that his friend was the instigator of the fight that broke out between Bushong and Poth.
“He was in it up to his ears,” Grimm said. “He egged Bushong on.”
Grimm also reminded the jury that witnesses said Bushong was asked to leave one of the bars on 8th Street on the night of the incident because he was intoxicated and acting in a boisterous and disruptive manor.
“Someone said don’t let him get near anyone on the street,” Grimm told the jury, saying someone in the bar feared Bushong would hurt someone.
Liebman told the jury that although Pandya got the clothing description of Poth wrong, his testimony on what unfolded between Poth and Bushong was correct.
“Mr. Grimm wants you to believe that you can’t believe anything that Mr. Pandya said,” Liebman told the jury, including Pandya’s testimony that Poth used the word “faggot” to insult Bushong.
“Mr. Pandya is gay. Do you think he heard that right?” said Liebman. “You better believe it. He had no reason to make that up.”
The jury began its deliberations about 2 p.m. on Friday. Judge Russell Canan, who’s presiding over the trial, sent the jurors home for the weekend just before 5 p.m. They were scheduled to resume deliberations about 10 a.m. Monday.
A conviction on second-degree murder while armed carries a possible maximum sentence of 70 years in jail. If it finds Poth not guilty on the second-degree murder charge it has the option of finding him guilty of a lesser offense of manslaughter.
Virginia
Gay Va. State Sen. Ebbin resigns for role in Spanberger administration
Veteran lawmaker will step down in February
Alexandria Democrat Adam Ebbin, who has served as an openly gay member of the Virginia Legislature since 2004, announced on Jan. 7 that he is resigning from his seat in the State Senate to take a job in the administration of Gov.-Elect Abigail Spanberger.
Since 2012, Ebbin has been a member of the Virginia Senate for the 39th District representing parts of Alexandria, Arlington, and Fairfax counties. He served in the Virginia House of Delegates representing Alexandria from 2004 to 2012, becoming the state’s first out gay lawmaker.
His announcement says he submitted his resignation from his Senate position effective Feb. 18 to join the Spanberger administration as a senior adviser at the Virginia Cannabis Control Authority.
“I’m grateful to have the benefit of Senator Ebbin’s policy expertise continuing to serve the people of Virginia, and I look forward to working with him to prioritize public safety and public health,” Spanberger said in Ebbin’s announcement statement.
She was referring to the lead role Ebbin has played in the Virginia Legislature’s approval in 2020 of legislation decriminalizing marijuana and the subsequent approval in 2021of a bill legalizing recreational use and possession of marijuana for adults 21 years of age and older. But the Virginia Legislature has yet to pass legislation facilitating the retail sale of marijuana for recreational use and limits sales to purchases at licensed medical marijuana dispensaries.
“I share Governor-elect Spanberger’s goal that adults 21 and over who choose to use cannabis, and those who use it for medical treatment, have access to a well-tested, accurately labeled product, free from contamination,” Ebbin said in his statement. “2026 is the year we will move cannabis sales off the street corner and behind the age-verified counter,” he said.
Maryland
Steny Hoyer, the longest-serving House Democrat, to retire from Congress
Md. congressman served for years in party leadership
By ASSOCIATED PRESS and LISA MASCARO | Rep. Steny Hoyer of Maryland, the longest-serving Democrat in Congress and once a rival to become House speaker, will announce Thursday he is set to retire at the end of his term.
Hoyer, who served for years in party leadership and helped steer Democrats through some of their most significant legislative victories, is set to deliver a House floor speech about his decision, according to a person familiar with the situation and granted anonymity to discuss it.
“Tune in,” Hoyer said on social media. He confirmed his retirement plans in an interview with the Washington Post.
The rest of this article can be found on the Baltimore Banner’s website.
District of Columbia
Kennedy Center renaming triggers backlash
Artists who cancel shows threatened; calls for funding boycott grow
Efforts to rename the Kennedy Center to add President Trump’s name to the D.C. arts institution continue to spark backlash.
A new petition from Qommittee , a national network of drag artists and allies led by survivors of hate crimes, calls on Kennedy Center donors to suspend funding to the center until “artistic independence is restored, and to redirect support to banned or censored artists.”
“While Trump won’t back down, the donors who contribute nearly $100 million annually to the Kennedy Center can afford to take a stand,” the petition reads. “Money talks. When donors fund censorship, they don’t just harm one institution – they tell marginalized communities their stories don’t deserve to be told.”
The petition can be found here.
Meanwhile, a decision by several prominent musicians and jazz performers to cancel their shows at the recently renamed Trump-Kennedy Center in D.C. planned for Christmas Eve and New Year’s Eve has drawn the ire of the Center’s president, Richard Grenell.
Grenell, a gay supporter of President Donald Trump who served as U.S. ambassador to Germany during Trump’s first term as president, was named Kennedy Center president last year by its board of directors that had been appointed by Trump.
Last month the board voted to change the official name of the center from the John F. Kennedy Memorial Center For The Performing Arts to the Donald J. Trump And The John F. Kennedy Memorial Center For The Performing Arts. The revised name has been installed on the outside wall of the center’s building but is not official because any name change would require congressional action.
According to a report by the New York Times, Grenell informed jazz musician Chuck Redd, who cancelled a 2025 Christmas Eve concert that he has hosted at the Kennedy Center for nearly 20 years in response to the name change, that Grenell planned to arrange for the center to file a lawsuit against him for the cancellation.
“Your decision to withdraw at the last moment — explicitly in response to the Center’s recent renaming, which honors President Trump’s extraordinary efforts to save this national treasure — is classic intolerance and very costly to a non-profit arts institution,” the Times quoted Grenell as saying in a letter to Redd.
“This is your official notice that we will seek $1 million in damages from you for this political stunt,” the Times quoted Grenell’s letter as saying.
A spokesperson for the Trump-Kennedy Center did not immediately respond to an inquiry from the Washington Blade asking if the center still planned to file that lawsuit and whether it planned to file suits against some of the other musicians who recently cancelled their performances following the name change.
In a follow-up story published on Dec. 29, the New York Times reported that a prominent jazz ensemble and a New York dance company had canceled performances scheduled to take place on New Year’s Eve at the Kennedy Center.
The Times reported the jazz ensemble called The Cookers did not give a reason for the cancellation in a statement it released, but its drummer, Billy Hart, told the Times the center’s name change “evidently” played a role in the decision to cancel the performance.
Grenell released a statement on Dec. 29 calling these and other performers who cancelled their shows “far left political activists” who he said had been booked by the Kennedy Center’s previous leadership.
“Boycotting the arts to show you support the arts is a form of derangement syndrome,” the Times quoted him as saying in his statement.
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