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Jury deliberating Marine murder case

Suspect allegedly shouted anti-gay slur before stabbing victim

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Marine Barracks, gay news, Washington Blade

Lance Corp. Phillip Bushong was stabbed in the upper chest with a pocketknife on 8th Street, S.E., across from the Marine Barracks. (Washington Blade file photo by Michael Key)

A D.C. Superior Court jury completed its third day of deliberations on Tuesday without reaching a verdict 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 during an April 2012 altercation.

Judge Russell Canan gave jurors Wednesday and Friday off for the Thanksgiving holiday weekend and instructed them to return Monday, Dec. 2, to resume their deliberations.

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 pocketknife 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.

Pandya testified that Bushong never hit Poth.

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.

Grimm pointed to testimony by a Marine guard who witnessed part of the altercation that Bushong at one point changed directions and followed Poth after the two crossed paths on the sidewalk while walking on 8th Street.

The Marine testified that Bushong reached toward Poth and put one hand on Poth’s shoulder and motioned with his other hand as if he was about to throw a punch. It was at that time that Poth appears to have stabbed Bushong, the Marine 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.”

Although Liebman said at a pre-trial hearing in April 2012 that prosecutors considered the stabbing to be a hate crime, the government never formally charged Poth with a hate crime. A hate crime designation enables a judge to hand down a more severe sentence than what is normally required for a particular offense.

The jury began its deliberations about 2 p.m. on Friday, Nov. 22, 10 days after the trial began on Nov. 12. Judge Russell Canan, who’s presiding over the trial, sent the jurors home for the weekend just before 5 p.m. They resumed deliberations about 10 a.m. Monday, Nov. 25 and continued through Tuesday afternoon.

A conviction on second-degree murder while armed carries a possible maximum sentence of 70 years in jail. If the jury 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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District of Columbia

Police mental health struggles gain growing attention

‘My body begins to manifest physically, through depression, stress’

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Scott Silverii (Photo courtesy of Scott Silverii)

When Scott Silverii began his career as a police officer, he faced daily exposure to traumatic incidents with little guidance or support, particularly in distressed neighborhoods where officers were expected to respond decisively under pressure.

“When I started, the only thing they offered was to suck it up and get over it,” Silverii said. “Any indication that you were hurt meant that you were weak, and if you were weak, it meant you could not be trusted.”

Years later, when Silverii became a police chief, he chose a different approach. Rather than reinforcing silence around trauma, he made mental health support a visible part of his leadership.

“In every critical incident that we had, I would bring the critical incident stress debriefing team in — and I would participate in it,” Silverii said. “I wanted to promote it from the top. That’s what it’s going to continue to take to change the culture.”

Silverii’s experience reflects a broader reality in law enforcement. Across the country, police officers face ongoing mental health challenges linked to repeated exposure to violent crime scenes, fatal accidents, and human suffering — experiences that most civilians never encounter. Long shifts and the responsibility of protecting the public have long been documented to further intensify emotional strain, particularly when officers fear making mistakes with serious consequences. 

Silverii, former Thibodaux, La., chief of police and current National Law Enforcement Initiative Manager at Mothers Against Drunk Driving (MADD), said coping mechanisms in the past were often unhealthy. 

“A lot of officers, they would drink — sometimes prescription drug use, just different ways,” of coping, he said. Today, he said, the trauma can linger long after an incident: “…you become affected by the trauma. It doesn’t have to happen to you. But when officers respond to a crash, you’re involved… You carry this trauma.” 

In some cases, he says, the impact resurfaces every year. “My body begins to manifest physically, through depression, through stress… once I realize it’s the anniversary, I can start dealing with it,” he said.

For decades, police culture discouraged officers from seeking mental health support, often treating emotional distress as a weakness rather than an occupational hazard. In recent years, however, departments have begun expanding access to counseling, peer-support programs, and crisis-intervention training.

In Baltimore, a shift in police culture is tackling the long-standing “shrug it off” mentality toward officer mental health. The Baltimore Police Department’s Officer Safety and Wellness Section, started in 2018, changed how the agency handles trauma, depression, and substance abuse by treating these issues as medical needs rather than disciplinary failures. 

A core component of the program is its confidential alcohol addiction treatment, which has seen more than 250 officers voluntarily sign themselves in without fear of termination. This proactive approach has led to a dramatic drop in internal interventions — falling from 250 in 2018 to 48 in 2024 — alongside a decrease in citizen complaints and use-of-force incidents. 

The need for such programs is underscored by national data from the Police1 2024 State of the Industry report, which found that 76% of officers cite a lack of time due to heavy workloads as the primary barrier to maintaining their health.  More than 50% of respondents report that a significant stigma still surrounds seeking mental health services. Perhaps most telling — 12% of officers nationwide report having no access to mental health resources at all, and 33% have considered calling themselves out of service due to emotional distress or exhaustion.

Chris Asplen, executive director of the National Criminal Justice Association, is a former Washington prosecutor who handled child abuse and other high-stakes cases. He said the emotional weight of the work eventually led him to step away after becoming a parent.

“It became too mentally and emotionally difficult after I had my own child,” Asplen said.

Asplen said his understanding of trauma was also shaped in part by his upbringing. Raised by a parent who struggled with mental illness, he described growing up feeling overlooked. “My father’s mental health issues made me essentially invisible to him,” he said — an experience that later informed how he approached victims in the justice system.

Asplen also pointed to disparities in how mental health crises are handled. His family’s middle-class background, he said, afforded protections and support not available to many others. “Mental health issues for people who are not white and middle class are often treated as criminal matters,” he said.

Experts warn that when mental health challenges go unaddressed, they can affect officers’ judgment, job performance, and interactions with the public. In response, lawmakers and communities have begun exploring preventive approaches. In 2023, Congress passed the De-escalation Act, providing funding for training focused on crisis response, de-escalation, and officer wellness.

In addition to legislative efforts, some communities are turning to violence intervention programs aimed at reducing harm before police are required to respond. One such organization, Roca, was founded in Massachusetts in 1988 and has operated in Baltimore since 2018.  According to the organization’s impact data, 87% of its participants have had no new incarcerations after entering the program for at least 24 months. 

Police officers in Baltimore and several other cities have been trained by Roca’s nonprofit coaching arm, the Roca Impact Institute, to use cognitive behavioral therapy (CBT) to regulate their emotions and understand the impact of trauma on officers and community members. The training reduced stress, loss of temper and use of force incidents, according to the institute.  

A 2024 report by the D.C. Office of the Attorney General showed the city’s violence intervention program’s efforts contributed to an 18% decrease in shootings and a 26% decrease in gun homicides across its target neighborhoods in 2023. Based on the national Cure Violence Global model, the programs treat violence as a public health epidemic through the use of what it calls “credible messengers” to de-escalate conflicts.

But a Washington Post investigation published Feb. 3 found excessive spending that City Administrator Kevin Donahue called a “completely inappropriate use of public money.” A week later, the publication reported that two DC violence interrupters were charged with murder in the death of a Baltimore man in a DC nightclub in 2023.  

When done correctly, these programs can offer a secondary benefit by reducing the volume of high-stress calls handled by law enforcement. Advocates say such approaches can lessen the emotional toll on officers by preventing traumatic encounters altogether. 

“If we can reduce the amount of trauma that occurs at the scene,” Asplen said, “then we’re a lot further along.”

(Carl Barbett is a senior at Bard High School Early College DC, one of Youthcast Media Group’s journalism class partners. This story was produced under the mentorship of Edith Mwangi, a Kenyan multimedia journalist based in D.C. with a background in international reporting and politics.)

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District of Columbia

Key lifestyle changes can help patients cope with diabetes

Small daily choices make a big difference in one’s health

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Dr. Marcy Oppenheimer (Courtesy photo)

One Tuesday evening after my family finished dinner, I noticed my grandmother sitting on the couch, sweating more than usual. The family room wasn’t hot, and she hadn’t eaten a lot of salty food that day, so seeing her like that made me worry. 

My grandmother, Shirley Mitchell, is a 72-year-old who lives with Type 2 diabetes, and moments like this, when her blood sugar gets dangerously low, can happen without warning. Watching her reach for her glucose tablets reminded me how serious her condition is.

Each day, millions of people living with diabetes face a choice that can either play a role in protecting their health or putting it at risk– namely, what they eat. Nationally, 12 percent of the population lives with diabetes, according to the Centers for Disease Control. In D.C., nine percent of residents are known to have diabetes, with likely many more undiagnosed, said Dr. Marcy Oppenheimer, a family medicine doctor who practices in Northeast D.C. 

“It’s super common, especially as you get older,” she said, estimating that 15 to 20 percent of her patients have diabetes, and another 20 percent have pre-diabetes, where blood sugar is higher than normal but not yet at the level to trigger a diabetes diagnosis. 

What is diabetes?

Diabetes is a long-term condition that affects how the body controls blood sugar. When blood sugar levels are not managed properly, they can rise too high and cause serious damage to the body. This happens when the body does not make enough insulin or cannot use insulin correctly, which means sugar stays in the blood instead of being moved into the body’s cells where it’s needed for energy. 

Having high levels of sugar in the blood over long periods of time causes damage to just about every body system, said Oppenheimer. “It can pretty much cause any part of your body to start failing over the long term, if you have high sugar for a long time.”

While food isn’t the only factor that affects diabetes — genetics play an even bigger role — certain foods can worsen diabetes by spiking the amount of sugar in the blood. 

What foods should you eat if you have diabetes? 

Healthy food choices play a major role in helping people with diabetes manage their condition. Foods such as vegetables, whole grains, lean proteins like fish and chicken, beans, nuts, and healthy fats digest slowly and provide steady energy. These foods help prevent sudden spikes in blood sugar, which are dangerous for people with diabetes. 

Many people with diabetes learn that planning meals, watching portion sizes, and choosing healthier options can make a big difference in how they feel each day.

“I had to slow down and pay attention to what I ate because everything affected my sugar levels,” says Mitchell.  

Even small choices, like drinking a lot of soda or eating too much white bread, can cause blood sugar levels to rise quickly, said Oppenheimer. 

Which foods can increase the risk or harm of diabetes?

Unhealthy food choices like these can seriously harm those with diabetes. Sugary foods such as candies, cake, cookies, and sweetened drinks cause blood sugar to spike quickly. Processed foods, white bread, and fast food are also harmful because they can be high in unhealthy saturated fats and refined carbohydrates. 

When these foods are eaten often, they can lead to weight gain and they make diabetes harder to control and increase the risk of long-term health problems, said Oppenheimer.

Over time, poor eating habits that lead to prolonged high blood sugar can lead to heart disease, nerve damage, kidney problems, and even vision loss.

“Basically, diabetes is an all-body condition or disease, and it just varies from person to person in how it affects you,” said Oppenheimer. “If you have uncontrolled diabetes, it definitely has a negative impact on both your daily life and your long-term health.”

Anyone with diabetes can develop serious complications like blindness — or diabetic retinopathy — and the risk factors are higher for Black, Latino and American Indian or Alaska Native groups, according to the CDC.

What you or a loved one can do to manage diabetes

Mitchell warns others not to ignore the impact of food on their health. “Don’t ignore your health,” she says. “Fix your problems early before they get worse.” 

Making lifestyle changes is key because, after all, diabetes changes your entire lifestyle, says Mitchell. “Walking throughout the day has helped me feel better.” 

Daniel Dow, a middle school coach at Friendship Blow Pierce Elementary & Middle School in Northeast D.C. who also has diabetes agreed with Mitchell. 

“Don’t wait to change your habits, start right away,” he says. “I learned that what I eat before practice affects my sugar for the whole day.” 

Mitchell’s and Dow’s experiences show that small daily choices can make a big difference in one’s health. By paying attention to what you eat and how your body responds, you can prevent problems before they get worse. Starting healthy habits early can help you stay strong, focused, and in control of your well-being.

(This article was written by a student in the journalism program at Bard High School Early College DC. This work is part of a partnership between the Washington Blade Foundation and Youthcast Media Group, funded through the FY26 Community Development Grant from the Office of D.C. Mayor Muriel Bowser.)

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District of Columbia

How Pepper the courthouse dog helps victims of abuse

Reshaping how the legal system balances compassion with procedure

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Abby Stavitsky and Pepper (Courtesy photo)

Deborah Kelly’s blind husband, Alton, was dragged for blocks to his death by a hit-and-run driver who had already plowed into her on Alabama Ave., S.E., in June 2024. 

But her trauma had only just begun. It took 10 months before the driver, Kenneth Trice, Jr., was arrested, and another six months before he was sentenced to just six months behind bars.  

As she heaved and sobbed in the courtroom in November, Kelly had a steady four-legged presence by her side: Pepper the Courthouse Dog, as the black Labrador retriever is known in D.C. Superior Court.

Abby Stavitsky, a former federal prosecutor who now serves as a victims’ advocate, is the owner and handler of nine-year-old Pepper. She says that one of the things that has made Pepper such a great asset in the court in the past six years is the emotional support and comfort she provides to victims.  

“She absorbs all of the feelings and the emotions around her, but she’s very good at handling it,” Stavitsky said. 

Pepper and Stavitsky started working in Magistrate Judge Mary Grace Rook’s courtroom — and now works in Magistrate Judge Janet Albert’s — to provide support for youth who suffer trauma, especially young survivors of commercial sexual exploitation.

These specially trained dogs offer emotional support to trauma victims of all ages. Courthouse dogs can reduce victims’ and witnesses’ anxiety and stress, making it easier for them to provide clear statements in the courtroom, according to a 2019 report in the Criminal Justice Review. 

“Having something to pet and interact with is a distraction that results in victims being calmer when testifying in court,” says Stavitsky. “This gives them an extra level of comfort.” 

What brought Stavitsky and Pepper together

Stavitsky, who spent 25 years as an assistant U.S attorney, handled a lot of victim-based crimes, mostly domestic violence and sex offenses. She was also a dog lover, and once she learned about courthouse dogs and their use, she was inspired.

In 2019, Pepper was given to Stavitsky by a Massachusetts-based organization, NEADS, formerly known as the National Education for Assistance Dog Services. Although Pepper was originally trained to be a service dog, evaluators determined her character was best suited for a courthouse dog.

Pepper now works regularly in various treatment court cases involving juveniles, many of whom have experienced trauma or are involved in the child welfare system. She also sits with victims while they are testifying in a trial.

“She loves people, especially children,” Stavitsky said. “She loves that interaction.”

Courthouse dogs have a long history 

In courthouses across the U.S. specially trained “facility dogs” are becoming an important part of how the justice system supports vulnerable victims and witnesses.

Since the late 1980s, these dogs were used to help trauma survivors and anxious children during testimonies and interviews. The first dog to make an appearance in a courtroom was Sheba, a German shepherd who assisted child sexual abuse victims in the Queens (N.Y.) District Attorney’s Office. Courthouse dogs help them communicate more clearly, especially in these settings that make them anxious and stressed.

Unlike service dogs, courthouse facility dogs are professionally trained through accredited assistance dog organizations and work daily alongside prosecutors, victim advocates, and forensic interviewers. For example, courthouse dogs can have more social interaction, unlike service dogs.

Courthouse dogs’ growing use has prompted state laws and professional guidelines to recognize the dogs as a trauma-informed tool that helps victims participate in the justice process without compromising courtroom fairness.

As more jurisdictions adopt these programs, courthouse dogs are reshaping how the legal system balances compassion with procedure, ensuring that victims’ voices can be heard in environments that might otherwise silence them.

Pepper makes it easy to see why. 

“I really love people, especially kids, and can provide emotional support and comfort during all stages of the court process,” reads the business card Stavitsky hands out with Pepper’s picture. “I’m calm, quiet and can stay in place for several hours.” 

(This article was written by a student in the journalism program at Bard High School Early College DC. This work is part of a partnership between the Washington Blade Foundation and Youthcast Media Group, funded through the FY26 Community Development Grant from the Office of D.C. Mayor Muriel Bowser.)

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