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
Community mourns passing of D.C. trans rights advocate SaVanna Wanzer
Acclaimed activist credited with founding D.C. Trans Pride
Three D.C.-based LGBTQ advocacy organizations released statements on April 24 announcing that highly acclaimed D.C. transgender rights advocate SaVanna Wanzer has passed away.
Although the statements by the Human Rights Campaign, the Center For Black Equity, and Capital Pride Alliance did not disclose the date of her passing, the cause of death or her age, they recounted Wanzer’s extensive LGBTQ advocacy work over the past 20 years or longer.
Among other things, the groups noted she is credited with being the lead founder of the D.C. Trans Pride and D.C. Black Trans Pride celebrations and events.
“As a trailblazing transgender activist, educator, and founder of D.C. Trans Pride, D.C. Black Trans Pride, and May Is All About Trans, SaVanna created and led transformative transgender programming during D.C. Black Pride that ensured trans voices, stories, leadership, and lived experiences were centered, celebrated, and protected,” according to the statement from the Center for Black Equity, an LGBTQ organization.
“Her work was not just about representation, it was about liberation, community, and making sure Black Trans lives were honored in rooms, stages, policies, and movements that too often overlooked them,” the statement says.
In its own statement, the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, called Wanzer an icon of D.C.’s Black trans community and longtime leader in many LGBTQ organizations.
“SaVanna Wanzer was a D.C. legend,” Laurel Powell, HRC’s Director of Communications, said in the statement. “She advocated for many years for the trans community and for people living with HIV, and served with many organizations, including D.C. Black Pride, Capital Pride, and NMAC [National Minority AIDS Council],” the statement adds.
“I can say firsthand that SaVanna will not just be missed for her work, but for her sisterly wisdom and her sense of humor,” Powell said in the HRC statement.
In its own statement, Capital Pride Alliance, which organizes D.C.’s annual LGBTQ Pride events, called Wanzer a “trailblazer” in her role as founder of Capital Trans Pride, D.C. Black Trans Pride, and the May Is All About Trans events. It says she served on the Capital Pride Board of Directors
“SaVanna was not just an advocate and community organizer but also a knowledge holder and elder voice in our movement,” the statement adds
In an undated statement on its website released before Wanzer’s passing, the D.C. group Food and Friends, which provides home-delivered meals to people in need, including people with HIV and cancer, says Wanzer had been one of its clients in the past. It says she had been living with heart problems since she was 16 and learned she had HIV in 1985 when she went to donate blood while working at the time for the U.S. Department of Veterans Affairs. It also says she had diabetes, which was under control.
Among her many involvements, Wanzer also served as a volunteer for D.C.’s Whitman-Walker Health, which provides medical services for the LGBTQ community along with other communities. In 2015, Whitman-Walker selected Wanzer as the first recipient of its Robert Fenner Urquhart Award for her volunteer services at Whitman-Walker for more than 20 years.
The Center for Black Equity appeared to capture the sentiment of those in the LGBTQ community who knew Wanzer in the concluding part of its statement on her passing.
“Her vision continues to guide us,” it says. “Her courage continues to inspire us. Her impact will continue to live through every person, every Pride, and every space made more possible because she dared to lead,” it says. “Rest in power, SaVanna Wanzer. Your light remains with us.”
Virginia
Prominent activists join ‘Living History’ panel at Freddie’s Beach Bar
Event organized by owner of new Friends of Dorothy Café in Alexandria
Six prominent LGBTQ community leaders and elders, including a beloved drag performer, talked about their role in advancing the rights of LGBTQ people and their thoughts on how the upcoming generation of LGBTQ youth should get ready to join the movement participated in an April 23 “Living History” panel discussion at Freddie’s Beach Bar.
The event was organized by Dorothy Edwards, who plans to open Friends of Dorothy Café in Alexandria. She said the café will be an LGBTQ community “intergenerational space” that will host events like the one she organized at Freddie’s Beach Bar.
“It will be a space for connection, storytelling, and belonging, especially for LGBTQ+ youth and community members who don’t always have places like that,” she said in a statement announcing the event at Freddie’s.
The six panelists at the Freddie’s event included Kierra Johnson, president of the D.C.-based National LGBTQ Task Force; Freddie Lutz, owner of Freddie’s Beach Bar located in the Crystal City section of Arlington, Va.; Donnell Robinson, who for many years performed in drag as the icon Ella Fitzgerald; Taylor Chandler Walker, a local transgender rights advocate, author and public speaker; Heidi Ellis, coordinator of the D.C. LGBTQ Budget Coalition; and Leti Gomez, an LGBTQ Latino community advocate and chair of the board of the American LGBTQ+ Museum.
Dr. Ashley Elliott, an LGBTQ community advocate and clinician who also goes by the name Dr. Vivid, served as moderator of the panel discussion, asking each of the panelists a serious of questions before opening the event to questions from the audience.
Among the issues discussed by the panelists was who was “centered” and who was excluded in the earlier years of LGBTQ organizing. Elliot also asked the panelists to address topics such as racism within queer spaces, gender dynamics, and strategies for coalition building between the LGBTQ community and other movements, including civil rights, feminism, and immigrant rights.
Each of the panelists expressed various thoughts on how the LGBTQ rights movement can make changes in response to the questions: “What can we do better?” and “Who is being left out?”
“I’m overwhelmed and so thankful that everyone on this panel said yes and agreed to come,” Edwards told the Washington Blade at the conclusion of the event. “I think every one of those people, including the moderator, was so brilliant and has done such good work for this community,” she said.
Edwards noted that each of the panelists, who have been involved in LGBTQ advocacy work for many years, talked about how they interact with younger LGBTQ people who are just beginning to become involved in activism.
“Truly, it’s an intergenerational conversation, and their wisdom and their words and their experiences can be disseminated to younger generations and people who want to do this work, people who want to fight for our community,” Edwards said.
“I was pleasantly surprised,” Lutz said. “I thought it was a good turnout, and everybody was very enthusiastic and engaged,” he said. “And I think it was great and fabulous.”
Lutz has operated Freddie’s Beach Bar for more than 25 years and has hosted numerous LGBTQ events. A sign above the front entrance door to the popular LGBTQ bar and restaurant says, “Straight Friendly Gay Bar.”
Edwards said the April 23 event was recorded and she will make arrangements for the recording to be released for others to view it. The Blade will post the link in this story when it becomes available.
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.
