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Del. gay man who alleged police abuse found guilty

Anti-gay bias allegation not mentioned in trial

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excessive force, Robaire G. Lizama, anti-gay attack, Lewes, Delaware, gay news, Washington Blade

Robaire G. Lizama was found guilty of several misdemeanor charges.
(Photo courtesy Lizama)

GEORGETOWN, Del. — A 66-year-old gay man who filed a complaint against a police officer in Lewes, Del., for allegedly using excessive force to arrest him in January during an altercation at a hospital emergency room was found guilty by a Delaware judge on Tuesday on misdemeanor charges of disorderly conduct, menacing, and resisting arrest.

 Judge Rosemary Beauregard of the Sussex County Court of Common Pleas announced at the conclusion of a non-jury trial in Georgetown, Del., that a state prosecutor proved beyond a reasonable doubt that Robaire G. Lizama engaged in “hysterical and abusive” behavior at the hospital that justified his arrest and confirmed he committed the three offenses.

In a development that court observers said was routine for a misdemeanor case like this one, Beauregard handed down an immediate sentence for Lizama that included a 30-day suspended jail term, six months of court-monitored probation, and a $600 fine plus $57 in court reimbursement costs.

In another development likely to surprise LGBT activists familiar with the case, Lizama’s public defender attorney Heather Lingo made no mention during the trial of Lizama’s written complaint to the Lewes Police Department in February alleging that the arresting officer singled him out because he’s gay.

 When approached by the Blade after the trial Lingo declined to comment, saying she would have nothing more to say about the case.

 “I don’t think he would grab a straight man, bear hug him and then body slam him to the ground and try to tell him he’s being arrested,” Lizama told the Washington Blade at the time he filed his complaint with Lewes Police Chief Thomas Sell in February.

 Lizama, a former D.C. resident who lives in Lewes, has accused Officer Tyrone Woodyard of fabricating the charges against him after throwing him to the floor, causing a head injury during a Jan. 25 incident at Beebe Healthcare, a hospital in Lewes.

 The arrest report prepared by Woodyard says Lizama had been acting in a disorderly manner after he accompanied a female friend to the emergency room who had been experiencing chest pain. Lizama testified at the trial that he was concerned that nurses who admitted and began to treat his friend weren’t being compassionate in their handling of the situation.

 He denied he acted in a threatening or menacing way or that he refused to leave the emergency room when asked to do so by one of the nurses.

 Jaqueline Marshall, the emergency room nurse who participated in the treatment of Lizama’s friend, and hospital security officer Julian Peacock testified that Lizama – while understandably upset that his friend may have been suffering from a heart attack – behaved in such an aggressive and hysterical way that the nursing staff became alarmed and felt threatened.

Marshall, Peacock and Officer Woodyard each testified that Lizama “lunged” at Woodyard while Woodyard and Peacock were escorting Lizama out of the emergency room area to the hospital’s lobby, where they told him he would have to wait while his friend was treated.

 Woodyard told the court he couldn’t immediately determine whether Lizama was armed when Lizama suddenly turned toward him in an aggressive way. He said he decided to “taken him down” on the floor out of concern that Lizama could have harmed the nurses and others walking through the emergency room area.

 Woodyard and Peacock testified that when Woodyard tried to handcuff Lizama after telling him he was under arrest, Lizama resisted the officer’s attempts to place cuffs on one of his hands and struggled with the officer and Peacock on the floor. This prompted another nurse to enter the fray and assist in restraining Lizama, the two testified.

 Lizama testified that he turned toward Woodyard because he was trying to find his way to the entrance to the hospital lobby and in no way was attempting to attack or harm Woodyard. He said he didn’t resist the officer’s attempt to handcuff him but was moving about because he was in pain and was trying to place his hand over his forehead above his eye, which was bleeding after his head struck the floor when Woodyard knocked him down.

 In response to questioning by Lingo, Marshall and Peacock acknowledged that Lizama was admitted to the emergency department for treatment after his arrest. Lingo presented a photo of Lizama as evidence that showed a gash over his eye and pointed to Lizama’s testimony that the injury required a plastic bandage to stop the bleeding,

 Assistant State Attorney General Paul Seward, the lead prosecutor in the case, presented as evidence a video recording taken from the hospital’s security cameras that shows Lizama and his friend enter the hospital’s emergency department. The video footage shows Lizama moving about and raising his arms in what appeared to be an agitated state as he talked to one of the nurses at the admissions desk.

 Beauregard said she based her verdict on what she called “credible and consistent” testimony by Marshall, Peacock and Woodward. She said the three witnesses along with the video recording at the trial convinced her that Lizama’s behavior was, in fact, posing a potential danger to the hospital staff and other visitors and proved he committed the misdemeanor offenses of disorderly conduct, menacing and resisting arrest.

 The judge called Lizama’s testimony at the trial “inconsistent” and “contradictory.”

 “All three of those witnesses thought something bad was going to happen,” she said. “He put the public at risk and he put his friend at risk,” said Beauregard, saying the disturbance Lizama was creating could have interfered with the nurses’ and doctors’ effort to diagnose and treat the friend.

 It was later determined that the friend did not have a heart attack.

 Lizama told the Blade after the trial that he had told Lingo, his attorney, about his belief that Officer Woodyard targeted him because he’s gay. He said he doesn’t know why Lingo didn’t raise that concern during the trial.

 He has acknowledged that he doesn’t recall Woodyard making anti-gay remarks or making a reference to his sexual orientation at the time of the arrest but said he nevertheless got the impression that the officer assumed he’s gay.

 When approached after the trial and asked by the Blade about Lizama’s allegation of anti-gay bias, Officer Woodyard refused to comment, saying he wasn’t authorized to speak to the media.

 “I’m totally shocked,” Lizama said of the judge’s guilty verdict in an interview after the trial.

 He said Lingo suggested he accept a plea bargain offer that Seward made minutes before the start of the trial. Still reeling over the verdict, Lizama said he didn’t remember what the terms of the plea offer consisted of.

 “I told my attorney if I don’t think I’m guilty why would I plead guilty?” said Lizama. “I wholeheartedly didn’t think I was guilty so I said no. I wanted to go with the trial.”

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PHOTOS: Pride on the Pier

Blade’s WorldPride celebration ends with fireworks show

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The Washington Blade's Pride on the Pier. (Washington Blade photo by Michael Key)

The Washington Blade’s second day of Pride on the Pier at The Wharf DC ended with a fireworks show on Saturday, June 7. The fireworks show was presented by the Leonard-Litz LGBTQ Foundation.

(Washington Blade photos by Michael Key)

The Washington Blade’s Pride on the Pier (Photo by Cedric Craig for Wild Side Media)
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Virginia

Hashmi to face Reid in Va. LG race

State senator won Democratic primary on Tuesday

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Ghazala Hashmi (Screen capture via One Vote At A Time/YouTube)

State Sen. Ghazala Hashmi (D-Chesterfield) will face John Reid in the race to become Virginia’s next lieutenant governor. 

Hashmi won the Democratic primary with 27.49 percent of the vote. She defeated former Richmond Mayor Levar Stoney, state Sen. Aaron Rouse (D-Virginia Beach), Babur Lateef, Victor Salgado and Alexander Bastani.

“Tonight, Virginians made history,” said Hashmi in a statement. “We didn’t just win a primary, we sent a clear message that we won’t be bullied, broken, or dragged backward by the chaos in Washington.”

Reid, a gay conservative talk show host, in April won the Republican nomination to succeed Lt. Gov. Winsome Earle-Sears, who is running to succeed Gov. Glenn Youngkin. 

The incumbent governor days after Reid secured the nomination called for him to withdraw his candidacy amid reports that a social media account with his username included “pornographic content.” Reid, who would become the first openly gay person elected to statewide office in Virginia if he wins in November, has strongly denied the reports.

Former state Del. Jay Jones defeated Henrico County Commonwealth’s Attorney Shannon Taylor in Democratic attorney general primary. Jones will face Republican Attorney General Jason Miyares in November.

Youngkin cannot run for a second, consecutive term.

Former Congresswoman Abigail Spanberger will face off against Earle-Sears in November. The winner will make history as the first woman elected governor in the state’s history.

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Baltimore

More than 15K people attend Baltimore Trans Pride

Baltimore Safe Haven organized annual event

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(Bigstock photo)

More than 15,000 people attended Baltimore Safe Haven’s annual Trans Pride on Saturday.

“Last year we had maybe 2,500, and the year before that, we had 5,000,” Renee Lau, administrative assistant for special projects coordinator for Baltimore Safe Haven, said. “In today’s political climate, it’s absolutely amazing.”

Lau said allies and other groups “went into hiding” for about a month or two after President Donald Trump’s inauguration, but then all at once, different organizations started to reach out. 

“The community has really come together to support us,” Lau said. “It was a fun, exciting day.” 

Baltimore Safe Haven Executive Director Iya Dammons in a press release said the “historic turnout” showed the transgender community’s strength, as well as their unity to fight for justice and equality for all LGBTQ people.

At the event, attendees were seen waving flags and shouting “Trans Lives Matter,” showing their support for the community. 

On Friday, before Trans Pride, Baltimore Safe Haven opened their new building to the public, gathering notable attendees like the Baltimore City Council President Zeke Cohan, Council Member Antonio Glover, and representatives from the Harry and Jeanette Weinberg Foundation.

“(It) was historic in itself because … we’re the only direct service providers for people in the LGBT community,” Lau said.

Providing housing for 18- to 24-year-olds, Lau said the new building also serves as a community hub and has office spaces for workers. 

With only a few hiccups of arguments between attendees and fixing street blockades during Trans Pride, Lau said the event showed what the community can do. 

“It was amazing that so many people came out and had that much fun. We were all giddy by Sunday morning,” Lau said. “(It gave) Safe Haven exposure and continuity. We are not just an LGBT organization, we are an organization that supports the entire community.”

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