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Defense calls for new trial in Marine murder case
Judge postpones sentencing of ex-Marine who used anti-gay slur in stabbing
Witnesses said Lance Corp. Phillip Bushong was stabbed in the upper chest with a pocketknife on 8th Street, S.E., across the street from the Marine Barracks. (Washington Blade file photo by Michael Key)
A D.C. Superior Court judge has postponed the sentencing of a former U.S. Marine convicted in December of voluntary manslaughter for the April 2012 stabbing death of a fellow Marine following an altercation in which he reportedly called the victim an anti-gay name.
The postponement of the sentencing set for Feb. 7 came after Judge Russell Canan agreed to a request by defense attorney Bernard Grimm for more time to prepare a motion to request a new trial for his client, 22-year-old former Pfc. Michael Poth.
According to court records, Canan gave Grimm until March 24 to file his motion, known as a Rule 33 Motion, for a new trial. Canan directed prosecutors with the U.S. Attorney’s office to file a response to the defense motion by April 21.
It couldn’t immediately be determined whether Grimm, who represented Poth during the trial, cited a reason for seeking a new trial rather than appealing the conviction before the D.C. Court of Appeals.
A Superior Court jury found Poth guilty of voluntary manslaughter on Dec. 2 following a 9-day trial. The jury found him not guilty of a more serious charge of second-degree murder while armed.
Poth has been held in jail since his arrest 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.
Assistant U.S. Attorney Michael Liebman, the lead prosecutor in the case, stated at a pre-trial hearing last year that the stabbing appeared to be a hate crime. But the government never formally classified the case as a hate crime. Had it done so, the judge would have had an option of handing down a more severe sentence.
Liebman argued during the trial that Poth called Bushong a faggot when the two crossed paths on the street outside a bar on 8th Street near the barracks with the intent of provoking Bushong into a confrontation to give Poth an excuse to stab him.
He said the hurling of the anti-gay slur took place a short time after Bushong called Poth a “boot,” a term used by Marines to describe a new recruit that’s considered an insult. Liebman argued that the “boot” remark angered Poth to such a degree that he made plans to track down Bushong after the two initially went their separate ways with the intent to stab him and kill him.
Grimm argued that Poth stabbed Bushong in self-defense after Bushong, who was taller and heavier than Poth, walked toward him with a friend and pulled back his arm with a clinched fist in an attempt to assault him.
The D.C. group Gays and Lesbians Opposing Violence planned to submit a victims impact statement to the judge at the time of the sentencing describing how Poth’s use of an anti-gay slur immediately prior to the fatal stabbing had a negative impact on the LGBT community, according to GLOV co-chair Hassan Naveed.
WorldPride 2025 concluded with the WorldPride Street Festival and Closing Concert held along Pennsylvania Ave., N.W. on Sunday, June 8. Performers on the main stage included Doechii, Khalid, Courtney Act, Parker Matthews, 2AM Ricky, Suzie Toot, MkX and Brooke Eden.
(Washington Blade photos by Michael Key)
Celebrating the transgender community, Baltimore Safe Haven, an organization committed to empowering LGBTQ individuals in Baltimore City, plans to host their fourth annual Baltimore Trans Pride on Saturday.
Instead of the usual parade and march, this year’s Trans Pride will be a block party on Charles Street and between 21st and 22nd Streets. The event will start at 1 p.m. with a ribbon-cutting ceremony and last until 10 p.m.
Community members can go on guided tours, enjoy refreshments by local vendors, listen to presenters, and watch performances by special guests.
Sukihana, the event’s headliner, plans to take to the stage to entertain the crowd, along with a variety of local performers, according to Melissa Deveraux, Baltimore Safe Haven’s executive assistant to Executive Director Iya Dammons.
“Some (are) prominently known, some (are) just making a name for themselves,” Deveraux said. Iya is always making sure that community talent is showcased at all of our functions.”
In company with Pride on Saturday, Baltimore Safe Haven will be opening its new building on Friday from 1-4 p.m.
“That is sort of going to be the prelude to pride,” Lau said. “Thanks to Sen. Mary Washington and the Weinberg Foundation, we were able to purchase the building outright, and it’s going to be a community hub of administrative buildings and 12-bedroom apartments.”
Renee Lau, administrative assistant for special projects coordinator for Baltimore Safe Haven, said the planning process for Baltimore Trans Pride began in January, and putting it all together was a collaboration of multiple city agencies and organizations.
“Safe Haven is an LGBT community organization, but we service the entire community, and that’s the message we try to spread,” Lau said. “We’re not just here for the LGBT community. We’re here to spread goodwill and offer harm reduction and housing to the entire community.”
Lau said the organization’s biggest goal for the event is to gain exposure.
“(We want) to let and let people know who we are and what our community is about,” she said. “Right now, because of what’s happening in DC, there’s a lot of bad untruths going on, and the total thing is bringing out the truth.”
Deveraux said having a place of inclusivity, acceptance, and togetherness is important in today’s political climate and the current administration.
“This event will have people seeing the strength and resilience of the transgender community, showing that no matter what we are going through, we still show up,” Deveraux said. “We are here, we will not be erased.”
The 2025 WorldPride Parade was held in Washington, D.C. on Saturday, June 7. Laverne Cox and Renée Rapp were the grand marshals.
(Washington Blade photos by Michael Key and Robert Rapanut)
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