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Marine murder case goes to jury

Prosecutor, defense argue over whether slaying was self-defense

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Marine Barracks, gay news, Washington Blade

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.

 

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Virginia

Va. Senate committee approves resolution to repeal marriage amendment

Outgoing state Sen. Adam Ebbin introduced SJ3

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(Bigstock photo)

The Virginia Senate Privileges and Elections Committee on Wednesday by a 10-4 vote margin approved a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Outgoing state Sen. Adam Ebbin (D-Alexandria) introduced SJ3.

Same-sex couples have been able to legally marry in Virginia since 2014. Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again in 2025.

Two successive legislatures must approve the resolution before it can go to the ballot. Democrats in the Virginia House of Delegates have said the resolution’s passage is among their 2026 legislative priorities.

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Virginia

Mark Levine loses race to succeed Adam Ebbin in ‘firehouse’ Democratic primary

State Del. Elizabeth Bennett-Parker won with 70.6 percent of vote

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Former Va. state Del. Mark Levine (D-Alexandria)

Gay former Virginia House of Delegates member Mark Levine (D-Alexandria) lost his race to become the Democratic nominee to replace gay state Sen. Adam Ebbin (D-Alexandria) in a Jan. 13 “firehouse” Democratic primary.

Levine finished in second place in the hastily called primary, receiving 807 votes or 17.4 percent. The winner in the four-candidate race, state Del. Elizabeth Bennett-Parker, who was endorsed by both Ebbin and Gov.-elect Abigail Spanberger received 3,281 votes or 70.6 percent.

Ebbin, whose 39th Senate District includes Alexandria and parts of Arlington and Fairfax Counties, announced on Jan. 7 that he was resigning effective Feb. 18, to take a job in the Spanberger administration as senior advisor at the Virginia Cannabis Control Authority.

Results of the Jan. 13 primary, which was called by Democratic Party leaders in Alexandria, Arlington, and Fairfax, show that candidates Charles Sumpter, a World Wildlife Fund director, finished in third place with 321 voters or 6.9 percent; and Amy Jackson, the former Alexandria vice mayor, finished in fourth place with 238 votes or 5.1 percent.

Bennett-Parker, who LGBTQ community advocates consider a committed LGBTQ ally, will now compete as the Democratic nominee in a Feb. 10 special election in which registered voters in the 39th District of all political parties and independents will select Ebbin’s replacement in the state senate.

The Alexandria publication ALX Now reports that local realtor Julie Robben Linebery has been selected by the Alexandria Republican City Committee to be the GOP candidate to compete in the Jan. 10 special election. According to ALX Now, Lineberry was the only application to run in a now cancelled special party caucus type event initially called to select the GOP nominees.

It couldn’t immediately be determined if an independent or other party candidate planned to run in the special election.  

Bennett-Parker is considered the strong favorite to win the Feb. 10 special election in the heavily Democratic 39th District, where Democrat Ebbin has served as senator since 2012. 

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District of Columbia

Ruby Corado sentenced to 33 months in prison

Former Casa Ruby director pleaded guilty to wire fraud in 2024

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Ruby Corado (Washington Blade photo by Ernesto Valle)

A federal judge on Jan. 13 sentenced Ruby Corado, the founder and former executive director of the now closed D.C. LGBTQ community services organization Casa Ruby, to 33 months of incarceration for a charge of wire fraud to which she pleaded guilty in July 2024.

U.S. District Court Judge Trevor M. McFadden handed down the sentence that had been requested by prosecutors with the Office of the U.S. Attorney for the District of Columbia after Corado’s sentencing had been postponed six times for various reasons.

The judge also sentenced her to 24 months of supervised release upon her completion of incarceration.  

In addition to the sentence of incarceration, McFadden agreed to a request by prosecutors to hold Corado responsible for “restitution” and “forfeiture” in the amount of $956,215 that prosecutors have said she illegally misappropriated from federal loans obtained by Casa Ruby.

The charge to which she pleaded guilty is based on allegations that she diverted at least $180,000 “in taxpayer backed emergency COVID relief funds to private offshore bank accounts,” according to court documents.  

Court records show FBI agents arrested Corado on March 5, 2024, at a hotel in Laurel, Md., shortly after she returned to the U.S. from El Salvador, where authorities say she moved in 2022. Prosecutors have said in charging documents that she allegedly fled to El Salvador, where she was born, after “financial irregularities at Casa Ruby became public,” and the LGBTQ organization ceased operating.

Shortly after her arrest, another judge agreed to release Corado into the custody of her niece in Rockville, Md., under a home detention order. But at an Oct. 14, 2025, court hearing at which the sentencing was postponed after Corado’s court appointed attorney withdrew from the case, McFadden ordered Corado to be held in jail until the time of her once again rescheduled sentencing.   

Her attorney at the time, Elizabeth Mullin, stated in a court motion that her reason for withdrawing from the case was an “irreconcilable breakdown in the attorney-client relationship.”

Corado’s newly retained attorney, Pleasant Brodnax, filed a 25-page defense Memorandum in Aid of Sentencing on Jan. 6, calling for the judge to sentence Corado only to the time she had already served in detention since October.  

Among other things, Brodnax’s defense memorandum disputes the claim by prosecutors that Corado improperly diverted as much as $956,215 from federally backed loans to Casa Ruby, saying the total amount Corado diverted was $200,000. Her memo also states that Corado diverted the funds to a bank account in El Salvador for the purpose of opening a Casa Ruby facility there, not to be used for her personally.

“Ms. Corado has accepted responsibility for transferring a portion of the loan disbursements into another account she operated and ultimately transferring a portion of the loan disbursements to an account in El Salvador,” the memo continues.

“Her purpose in transferring funds to El Salvador was to fund Casa Ruby programs in El Salvador,” it says, adding, “Of course, she acknowledges that the terms of the loan agreement did not permit her to transfer the funds to El Salvador for any purpose.”

In his own 16-page sentencing recommendation memo, Assistant U.S. Attorney John Borchert, the lead prosecutor in the case, said Corado’s action amounted at the least to fraud.

“The defendant and Casa Ruby received no less than $1.2 million in taxpayer backed funds during the COVID-19 global health crisis,” he memo states. “But rather than use those funds to support Casa Ruby’s mission as the defendant promised, the defendant further contributed to its demise by unlawfully transferring no less than $180,000 of these federal emergency relief funds into her own private offshore bank accounts,” it says.

“Then, when media reports suggested the defendant would be prosecuted for squandering Casa Ruby’s government funding, she sold her home and fled the country,” the memo states. “Meanwhile, the people who she had promised to pay with taxpayer-backed funds – her employees, landlord, and vendors – were left behind flat broke.”

A spokesperson for the U.S. Attorney’s office and Corado’s attorney didn’t immediately respond to a request from the Washington Blade for comment on the judge’s sentence. 

“Ms. Corado accepts full responsibility for her actions in this case,” defense attorney Brodnax says in her sentencing memo. “She acknowledges the false statements made in the loan applications and that she used some of the money outside the United States,” it says.

“However, the money was still utilized for the same purpose and intention as the funds used in the United States, to assist the LGBTQ community,” it states. “Ms. Corado did not use the money to buy lavish goods or fund a lavish lifestyle.”  

Brodnax also states in her memo that as a transgender woman, Corado could face abuse and danger in a correctional facility where she may be sent if sentenced to incarceration.   

“Ruby Corado committed a crime, she is now paying the price,” said D.C. LGBTQ rights advocate Peter Rosenstein. “While it is sad in many ways, we must remember she hurt the transgender community with what she did, and in many ways they all paid for her crime.”

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