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.
District of Columbia
Second trans member announces plans to resign from Capital Pride board
Zion Peters cites ‘lack of interest in the Black trans community’
Zion Peters, a member of the Capital Pride Alliance Board of Directors who identifies as transgender, told the Washington Blade he plans to resign from the board “due to the lack of interest in the trans community, specifically the Black trans community.”
Peters continued, “Nobody has checked on me in the last two months so that shows their level of unprofessionalism towards their board members and the community as a whole.”
If he resigns, Peters would be the second known trans person to resign from the Capital Pride board since February, when longtime trans activist Taylor Lianne Chandler informed the board of her resignation in a detailed letter that was sent to the Blade by an anonymous source.
Chandler, who served as chair of the Capital Pride Transgender, Gender Non-Conforming, and Intersex Committee, stated in her Feb. 24 letter that she resigned from the board out of frustration that the board had failed to address instances of “sexual misconduct” within the Capital Pride organization. The organization’s and the board’s transgender-related policies were not cited in her letter as a reason for her resignation.
The Blade learned of Peters’s plans to resign from an anonymous source who thought Peters had already resigned along with four other board members identified by the anonymous source. The others, who Capital Pride confirmed this week had resigned, include Anthony Musa, Bob Gilchrist, Kaniya Walker, and Dai Nguyen.
Musa and Gilchrist told the Blade they resigned for personal reasons related to their jobs and that they fully support Capital Pride’s work as an organization that coordinates the city’s annual LGBTQ Pride events.
The Blade has been unable to reach Walker and Nguyen to determine their reasons for resigning.
Capital Pride CEO Ryan Bos and Board Chair Anna Jinkerson didn’t respond to a Blade question asking if they knew why Walker or Nguyen resigned.
In response to a request by the Blade for comment on the resignations and the concern raised by Zion Peters about trans-related issues, Bos and Jinkerson sent separate statements elaborating on the organization and the board’s position on various issues.
“We can confirm that the individuals you referenced, except for Zion, no longer serve on the Capital Pride Alliance Board of Directors,” Jinkerson said in her statement.
She added that following the WorldPride festival hosted by D.C. last May and June that was organized by Capital Pride Alliance, the group anticipated a “significant level of board transition,” with many board members reaching the end of their terms. But she said many board members chose to extend their service or apply for an additional term, showing a “powerful reflection of commitment.”
Without commenting on the specific reasons for the resignations of Peterson, Walker, and Nygun, Jinkerson noted, “As with all volunteer leadership roles, transitions occur for a range of personal and professional reasons, and we appreciate those transitions with both understanding and gratitude.”
In his own statement, Bos addressed Capital Pride’s record on transgender issues.
“The Capital Pride Alliance is committed to supporting and uplifting the Trans community through our work with the Trans Coalition under the Diversity of Prides Initiative, our partnership with Earline Budd on the LGBTQ+ Burial Fund with a focus on our Trans siblings, our collaboration with the National Trans Visibility March, and our ongoing investment in programming for Transgender Day of Visibility and Transgender Day of Remembrance,” Bos said in his statement.
“We also recognize there is always continued work to be done, and we always welcome feedback from our community to ensure our commitment remains unwavering,” he said.
At the time of her resignation in February, Chandler said she could not provide specific details of the instances of sexual misconduct to which she referred in her resignation letter, or who allegedly engaged in sexual misconduct, saying she and all other board members had signed a Non-Disclosure Agreement preventing them from disclosing further details.
Board Chair Jinkerson in a statement released at that time said she and the board were aware of Chandler’s concerns but did not specifically address allegations of sexual misconduct.
“When concerns are brought to CPA, we act quickly and appropriately to address them,” she said. “As we continue to grow as an organization, we’re proactively strengthening the policies and procedures that shape our systems, our infrastructure, and the support we provide to our team and partners,” she said.
Rehoboth Beach
Rehoboth Summer Kickoff Party set for May 15 with Ashley Biden
The Washington Blade’s 19th annual Summer Kickoff Party is scheduled for Friday, May 15 in Rehoboth Beach, Del.
Ashley Biden, daughter of President Joe Biden, has joined the list of speakers, the Blade announced. She will accept an award on behalf of her brother Beau Biden for his LGBTQ advocacy work as Delaware attorney general. (Her appearance was rescheduled from last year.)
The event, to be held this year at Diego’s (37298 Rehoboth Ave. Ext.) from 5-7 p.m., is a fundraiser for the Blade Foundation’s Steve Elkins Memorial Fellowship in Journalism, which funds a summer position reporting on LGBTQ news in Delaware. This year’s recipient will be introduced at the event.
The event will also feature remarks from state Rep. Claire Snyder-Hall. New CAMP Rehoboth Executive Director Dr. Robin Brennan and Blade editor Kevin Naff will also speak. The event is generously sponsored by Realtor Justin Noble, The Avenue Inn & Spa, and Diego’s.
A suggested donation of $25 is partially tax deductible and includes a drink ticket and light appetizers. Tickets are available in advance at bladefoundation.org/rehoboth or at the door.
District of Columbia
Curve magazine honors Washington Blade publisher
Lynne Brown named to 2026 Power List
Washington Blade Publisher Lynne Brown has been named to the 2026 Curve Power List celebrating LGBTQ+ women and nonbinary individuals in North America who are blazing trails in their chosen fields.
“From sports and entertainment icons to corporate leaders and lawmakers, these individuals are breaking barriers, challenging norms, and shaping the future,” Curve Foundation/Curve magazine said in announcing this year’s list, which includes ABC newscaster Robin Roberts, comedian/actress Hannah Einbinder, and singer/actress Renee Rapp, among others.
Brown has worked for the Washington Blade for nearly 40 years. She was named publisher in 2007 before becoming a co-owner in 2010.
“I am honored to be recognized by Curve magazine during Lesbian Visibility Week,” Brown said. “Receiving this Curve honor is twofold. I was an early subscriber to Curve. I enjoy the product and know its history. Its journalism, layout and humorous features have inspired me.
“As an owner/publisher, receiving recognition from a similar source acknowledges my work and efforts, with a sincerity I truly appreciate. Franco Stevens, the publisher of Curve, is a business person of duration, experience, and purpose. The fact that they are in the media business, and honoring me and my publication makes it a tiny bit sweeter.”
Nominations for the Curve Power List come from the community: peers, mentors, fans, and employers.
Curve explained the significance of the list in its announcement: “An annual, publicly nominated list of impactful LGBTQ+ women and nonbinary changemakers is crucial in current times to counter discrimination, legislative rollbacks, hostility, and the invisibility of queer women within mainstream and marginal spaces and endeavors. Such a list also fosters encouragement and solidarity, and elevates voices and achievements—from high-profile roles to under appreciated areas of life.”
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