Local
Jury deliberating Marine murder case
Suspect allegedly shouted anti-gay slur before stabbing victim
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.
District of Columbia
Mary’s House founder, CEO retires
Dr. Imani Woody played leading role in opening DC’s first home for LGBTQ seniors
The board of directors for Mary’s House for Older Adults, DC’s first official home dedicated to providing affordable housing for LGBTQ seniors, announced on July 7 that its founding president and CEO, Dr. Imani Woody, has retired.
Woody, who holds a PhD in Human Services, is credited with playing a leading role over many years in arranging both city and private funding needed to construct and operate the Mary’s House three-story building located at 401 Anacostia Road, S.E., in the city’s Fort Dupont neighborhood.
The house, which opened in March 2025, with a grand opening ceremony held in May 2025, includes 15 single-occupancy residential units and more than 5,000 square feet of shared communal living space.
“It is with profound gratitude and hearts full of celebration that the board of directors of Mary’s House for Older Adults, DC (MHFOA) announces the retirement of our visionary founder, Dr. Imani Woody, from her role as president and CEO,” the Mary’s House board says in a statement.
“Dr. Woody’s journey with Mary’s House began with her vision and a kitchen table gathering of women with a bold, urgent, and loving vision: to create safe, affirming, affordable housing for LGBTQ/SGL older adults in Washington, DC,” the statement says.
It adds, “What started as a dream has grown into DC’s first affordable LGBTQ+/SGL affirming communal living space for adults 60 and over, a 15-room community residence at 401 Anacostia Road in Southeast Washington.”
The statement says Woody will continue to serve on Mary’s House board.
“The board will be sharing information about the leadership transition process in the coming weeks,” the statement continues. “We are committed to honoring Dr. Woody’s legacy by ensuring Mary’s House continues to thrive and grow in faithful service to LGBTQ/SGL elders experiencing housing insecurity and isolation.”
Maryland
Va., Md., advocates brace for next fight after Supreme Court sports ruling
Neither state has statewide ban on trans student athletes
On June 30, the U.S. Supreme Court cleared the way for states to enforce laws barring transgender students from participating on school sports teams consistent with their gender identity, a decision LGBTQ advocates say could encourage additional restrictions across the country.
While neither Maryland nor Virginia currently has a statewide ban on trans student athletes, advocates say the decision could reshape future legislative battles and school policies throughout the region.
Directly following the case, attorneys for trans student athletes spoke out about the case and how detrimental it could be to students.
“This ruling is deeply harmful for transgender women and girls who only asked for the ability to participate in sports with their peers,” said Sasha Buchert, senior attorney and director of the Nonbinary and Transgender Rights Project for Lambda Legal, in a press release from the American Civil Liberties Union.
The next step is figuring out how states will move forward, specifically in Maryland and Virginia.
As of right now, neither state has bans on trans athletes in schools. The new Supreme Court decision also does not require states to enact bans, only that bans are allowed if states or school districts choose to enforce them.
According to the ACLU, 27 states have banned trans youth from participating in school sports since 2020. Most of these states also require sex testing, which the organization says is invasive for all female athletes.
Equality Virginia Executive Director Narissa Rahaman said that while she has heard a lot of frustration following the decision, people are ready to take action.
“Families, parents and youth have lived through disappointing changes to the Virginia Department of Education’s model policies for the treatment of transgender students, and the Virginia High School League’s decades-old policy that allowed transgender students an opportunity to play sports with their friends,” Rahaman said in a statement to the Washington Blade.
She believes they are not ready to give up this fight quite yet.
As of now, trans and nonbinary students are protected under Virginia law, and Rahaman wants that to continue.
“This ruling will likely embolden right-wing members of the General Assembly to pursue trans athlete bans, and we will continue to defeat every bill like we have the past five legislative sessions. Now is our time to be proactive,” Rahaman said.
She also calls upon Democratic Gov. Abigail Spanberger to defend trans youth in Virginia from what she describes as bullies and to continue to stand up to federal attacks on the trans community in general.
For trans students, Rahaman wants to ensure that they continue to know that they belong and have a place in school sports.
“To the transgender young people watching this decision unfold: you belong on your team, in your school, in your community, and here in Virginia. This ruling does not change that. A single Supreme Court decision cannot define your worth or your future,” Rahaman said.
For people who may be outside the community but want to help, she encourages them to speak with trans and nonbinary people in their community, befriend the families of youth to show their support, and continue to speak up on these issues when needed.
According to ACLU of Virginia, high schooler Eliza Munshi was told she could not compete on the girls’ track team because she was trans. To prove a point, she decided to compete with the boys.
She had previously competed on the girls’s track team before her Virginia school decided to enforce the ban demanded by President Donald Trump. With pink hair and pink makeup, she decided to continue her love for the sport alongside boys. According to Munshi, her entire community rallied for her.
“I did it to prove a point. I knew I could do it. I knew it wouldn’t phase me. My gender itself and that label has been the least important part of my transition: I want to look how I want to look. I want to dress how I want to dress. If you don’t like that, then that’s not my business,” Munshi said.
DOE has launched Title IX probe against Md. school districts
In the weeks leading up to the ruling, multiple Maryland school districts were included in a Title IX probe stating that not enforcing sex-based protections guaranteed by federal law. Currently, there have been no updates on the lawsuit or the district’s decisions.
According to the U.S. Department of Education, the federal probe is based on parent complaints that the school districts were violating a specific Trump-Vance administration addition to Title IX, stating it aligned the sex-based protections “with biological reality, not ideological fantasy.”
According to FreeState Justice, an LGBTQ advocacy group in Maryland, while this is a disappointing ruling to see, they will continue to fight for trans student-athletes in Maryland and want trans youth to know that they belong.
“Every young person deserves the opportunity to participate in school and community life without being singled out because of who they are. These decisions send a harmful message to transgender youth that they are somehow less deserving of that opportunity,” said Phillip Westry, the group’s executive director.
Westry wants to make sure the community knows that their commitment to the organization has not changed and will continue to provide the same legal services they have prior and to advance policy solutions, to ensure “every LGBTQ+ Marylander can live with dignity, safety, and equal opportunity.”
Another issue brought up by trans advocates is the issue of testing women to determine whether they are biologically female or not.
According to Human Rights Watch, as of 2023, World Athletics required cis women with increased testosterone levels to undergo medical procedures to have it reduced to avoid advantages. Other forms of “sex verification” may include genetic testing, screenings of an athlete’s anatomy or chromosomes.
However, this can become detrimental because not all women have ovaries, a uterus, or XX chromosomes, meaning cisgender women could potentially be included in these bans, depending on how the specific state plans to enforce them.
Maryland
Eastern Shore school board wants an 18-and-over rule for young adult books
Classics like ‘To Kill a Mockingbird’ and ‘Little Women’ might be off limits to most students
By LIZ BOWIE | Somerset County’s school board is considering barring students under the age of 18 from reading any young-adult literature in school libraries, essentially restricting all but 12th graders from checking out books written for teens and tweens.
The proposed policy also calls for the superintendent to discipline librarians if “adult” reading material appears in the children’s section.
The policy defines young adult as students over 18. “Young adults are not minors and books suitable for young adults shall be placed on a separate Young Adults library section to reflect age-appropriate literature,” a draft of the policy says.
The rest of this article can be read on the Baltimore Banner’s website.
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