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LGBTI migrants in Tijuana ‘seek opportunity to live’

Thousands of people in the Mexican city hope to enter the US

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Melani Sofía Rosales Quiñones, a transgender woman from Guatemala City, was beaten, threatened and discriminated against in her country simply because of her gender identity (Washington Blade photo by Yariel Valdés González)

TIJUANA, Mexico — Melani Sofía Rosales Quiñones, a transgender woman from Guatemala City, was on her way home one night in July 2017 when she saw a group of homophobes waiting for her. She said good evening to them and that alone provoked an atrocious attack.

“They hit me with bats and sticks,” Melani now recalls. “They broke my jaw and left jaw bone. I was in a coma in the hospital for three days and 15 days later I had surgery to reconstruct my face. They put in plates and screws. It took me four months to recover.”

A year later the gangs, who are full of hate and violence in Latin America, took over their house and turned it into a stash house. Melani’s mother never accepted this and filed a harassment complaint against the so-called “gangs.”

“They called my mom and threatened her as she was leaving the police station,” says Melani. “They said she can’t play with them and they will kill my younger brother who is 15.”

Melani shared part of her life with the Washington Blade from a guest house in downtown Tijuana where LGBTI members of the migrant caravan who arrived in this border city weeks earlier receive temporary refuge. Melani and other LGBTI migrants in Tijuana all hope to seek asylum in the U.S., a nation in which they think they can live without fear and with economic prosperity.

The LGBTI migrants, like other members of the caravan, are now scattered along Mexico’s northern border. They were a small group that faced abuse and mistreatment while traveling with the caravan itself before arriving in Mexico. Today the LGBTI migrants are nothing more than small and vulnerable groups scattered in Tijuana, Baja California state and Nogales, another border town in Sonora state.

Crossing this wall and safely entering U.S. territory is the dream of the thousands of migrants who are stuck in Tijuana. They are only looking for an opportunity to live in the U.S. (Washington Blade photo by Yariel Valdés González)

Stories behind the American dream

It is not the first time that Melani has launched herself north in order to reach American soil. She “went up” to Tijuana in May of this year with another caravan, but another attack made her think twice. “I was very disappointed because Tijuana officials beat me when I went to the El Chaparral checkpoint,” she says. “I later went to the hospital and filed a complaint against the immigration officers.”

Melani returned to a small town between Guatemala and Mexico she says was “in no man’s land” with the hope that she could once again hit the road and seek the American dream at any moment. She was unable to return to Guatemala or Tijuana. She had almost become a hermit during that time. Melani, an extroverted and sociable girl, was living far away from people.

“I worked in a bakery and from there I went to my house without saying a word, without saying hello to anyone,” she adds.

Melani fled from a Guatemala, where violence is seen as a normal part of life and is worse for members of LGBTI communities. One report on the situation for LGBTI people in four Central American countries says they endure “insults, bribes, arbitrary detentions and physical attacks that often lead to murders, but they do not report them because of fear of reprisals.”

“LGBTI people live in fear and don’t depend on community support networks that help them deal with the violent scenarios in which they live,” reads the report.

The Observatory of Murdered Trans People notes 39 trans women were killed in Guatemala between January and July 2017. Guatemala has the sixth highest rate of trans murders out of any country in Latin America and the Caribbean.

Honduras’ National Commission for Human Rights says 40 LGBTI people have died between 2007 and May of this year. Cattrachas, a lesbian feminist network, indicates 288 LGBTI people have been killed in Honduras between 2009-2018.

Insecurity is not the only situation the Honduran LGBTI community faces. Infobae, an Argentina-based news website, once reported “there is no record of any trans person who has been hired by a private company or a government agency in Honduras.”

Amelia Frank-Vitale, an anthropologist at the University of Michigan who has spent more than a year living in Honduras studying issues related to deportation, migration and violence, confirmed to the Blade “people from the LGBTI community are exposed to all forms of violence that exists against any person in Honduras, which is mainly urban, young and poor.”

“But they are nevertheless discriminated against and stigmatized because of their sexual orientation and in many cases the government is absent on justice-related issues,” she added. “It is always more critical for the LGBTI community.”

It is this situation from which Alexis Rápalos and Solanyi, two identities that live inside the same robust 38-year-old body, fled.

Alexis was wearing a knit hat that covered a nearly shaved head when he spoke with the Blade.

He comes from a family with few resources and he revealed he has suffered the scourge of discrimination in the streets of his city, San Pedro Sula, which for four years was recognized as the world’s most dangerous city, since he was 10. He has lived alone since his mother died a year ago.

A tailor and a chef, he worked in a restaurant in his native country but he decided to join the caravan in search of a future with more security and a life without the harsh realities of rampant homophobia.

He left with nothing more than a pair of pants and a shirt in his backpack and joined the caravan at the Guatemala-Mexico border. “I was discovering friends in the caravan,” says Alexis. “And then the gay community. We came fighting, fighting many things because we are discriminated against, insulted constantly.”

“The road has been very hard,” he adds. “Sometimes we slept in very cold places, with storms. I had the flu with a horrible cough, people gave us medicine, clothes, thank God.”

They reached Tijuana by hitchhiking, and sometimes by bus while depending on charity groups to eat. “We arrived at the shelter that had been at the Benito Juárez Sports Complex, but we were in our own group. They treated us well with clothes, medicine and food,” he said, insisting he is thankful for the assistance he received while there.

Once at the shelter, where unsanitary conditions and overcrowding were a constant, they experienced homophobia that follows some of their fellow travelers and places them in an even worse situation than the rest of the migrants. Alexis says they were booed in food lines and there were times when they were not allowed to eat. The situation repeated itself in the cold outdoor showers where privacy was an unthinkable luxury.

He felt the harshness of the early morning cold while he and roughly 6,000 Central Americans were staying at the shelter that city officials set up. Alexis slept in the street because he didn’t have a tent to protect himself. The unusually heavy seasonal rains that soaked his meager belongings chilled him to the bone.

“In the (Benito Juárez) shelter we saw humiliations, criticisms and they even made us take down our gay flag,” says Bairon Paolo González Morena, a 27-year-old gay man from Guatemala. “We were discriminated against a lot. They told us we could not make the same line for food and they made us stand at the end of the line for the bathroom and here (at Enclave Caracol, a new shelter) they are treating us much better. They gave us our place. We have a separate bathroom and everything.”

LGBTI members of the caravan that arrived in Tijuana were housed at the Benito Juárez Sports Complex that had been converted into a shelter. They were discriminated against by their fellow migrants. The LGBTI migrants were forced to take down their gay flag. They were also not allowed into food lines and were the last ones to use public showers. (Washington Blade photo by Yariel Valdés González)

Bairon was a cross-dresser known as Kaira Paola at night and was a sex worker, which left him with many scars on his body. “I worked to provide food for my twin brother and younger brother,” he says. “My family there found out that I was gay. My stepmother discriminated against me and my dad did not support me and until this day I am fighting for my well-being.”

He lived alone and decided to join the caravan because he was constantly extorted for money. He was already working in a restaurant in Tuxpan in Veracruz state when the migrants reached Mexico, and he didn’t think twice about joining the caravan that Frank-Vitale says is “a civil disobedience movement against a global regime.”

“The caravan is the form that has been recognized as the way one can cross Mexico without being as exposed to criminal groups, corrupt authorities and without paying a smuggler to seek an opportunity to live,” she says.

Paolo González Morena, a 27-year-old gay man from Guatemala, was a sex worker in his country and was constantly extorted and mistreated because of his sexual orientation. (Washington Blade photo by Yariel Valdés González)

Waiting for asylum

A long line has formed outside Enclave Caracol, a community center located on First Street in downtown Tijuana that has welcomed this portion of the LGBTI caravan that arrived weeks after the first.

Under tents, the migrants organize themselves to distribute food they prepared themselves inside the building in which a wedding for several gay couples took place weeks earlier.

Nacho, who asked the Blade only to use his first name, works for Enclave Caracol. He said (he and his colleagues) are supporting “the community with food and water, (allowing them to) use the bathroom, Internet access, use of telephones that allows them to call practically any part of the world and at some moments it has functioned as a shelter.”

At same migrants who receive services at Enclave Caracol have cooked and organized their lives there. Donations from members of civil society in various cities have made it possible for Enclave Caracol to provide assistance to the dozens of migrants who are taking shelter there. (Washington Blade photo by Yariel Valdés González)

Enclave Caracol’s employees were the ones who cooked most of the food and did the cleaning when the center first provided aid to these displaced people. But Nacho says “people from the caravan have been getting involved bit by bit.”

“No one from Enclave has actually ever been in the kitchen,” he tells the Blade. “Over the last few weeks we have received donations and we have also been going to the markets for leftover fruits and vegetables and we clean them, process them and they’re cooked. They are organizing the cleaning and delivery of food themselves.”

Nacho said many civil society members in Los Angeles, San Diego and in Tijuana itself are donating money, food, cleaning products, disposable plates and cups to alleviate the tense situation that exists with the arrival of thousands of migrants, many of whom have not begun the political asylum process, to this urban border city. These civil society members are also volunteering their time.

“There is a very long list of people who are seeking asylum, who have been brought to the port of entry and are looking to following the correct process under international law,” says Frank-Vitale, noting the U.S. asylum process has been made intentionally difficult. “It has been said that they are going to have to wait up to two months to have the opportunity to make their case and this is truly a deadly humanitarian crisis for vulnerable people who have fled persecution, who live in the rain, the cold, outside all this time.”

“Sometimes one becomes hopeless because there is no stable place,” says Alexis, who remains hopeful. “We are going from here to there. They say that today they are going to bring us to another house to wait for lawyers who are going to help us with our papers.”

Melani is nevertheless more realistic when speaking about her asylum claim. “Our situation is a bit difficult because many people continue to arrive,” she says. “Donald Trump closed the border and the crossing is very complicated. This is why people who are going to the border are under stress.”

Frank-Vitale thinks the actual asylum system should be changed in order to recognize modern forms of violence and persecution to which people are exposed and especially LGBTI groups. “Taking all of this into account, yes, it is possible,” she says. “There are cases from Central America that perfectly enter the system, always and when they have a founded fear of their lives in their countries and many people have a very real fear.”

This fear, which has been with Melani for most of her life, will follow her to the U.S., because in “the previous caravan there was a girl named Roxana (Hernández) who died because she had HIV, but the autopsy revealed that she had been beaten by U.S. Immigration and Customs Enforcement (ICE) officials.”

The original autopsy performed on Hernández, a trans Honduran woman with HIV who died in ICE custody in New Mexico on May 25, lists the cause of death as cardiac arrest. The second autopsy to which Melani referred shows Hernández was beaten, but does not identify who attacked her while she was in custody.

Hernández’s case has reached the U.S. Senate with three senators recently asking U.S. Customs and Border Protection to provide them with documents relating to her death.

In spite of all of these situations, in spite of a xenophobic president who commands the other side of the border, in spite of a powerful army positioned on the border, in spite of the long lines to be heard, in spite of the constant uncertainty, Bairon remains firm in his decision: “We are here. With everything we have given up, I will not return.”

We already know why.

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Equality Act, contorted as a danger by anti-LGBTQ forces, is all but dead

No political willpower to force vote or reach a compromise

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Despite having President Biden in the White House and Democratic majorities in both chambers of Congress, efforts to update federal civil rights laws to strengthen the prohibition on discrimination against LGBTQ people by passing the Equality Act are all but dead as opponents of the measure have contorted it beyond recognition.

Political willpower is lacking to find a compromise that would be acceptable to enough Republican senators to end a filibuster on the bill — a tall order in any event — nor is there the willpower to force a vote on the Equality Act as opponents stoke fears about transgender kids in sports and not even unanimity in the Democratic caucus in favor of the bill is present, stakeholders who spoke to the Blade on condition of anonymity said.

In fact, there are no imminent plans to hold a vote on the legislation even though Pride month is days away, which would be an opportune time for Congress to demonstrate solidarity with the LGBTQ community by holding a vote on the legislation.

If the Equality Act were to come up for a Senate vote in the next month, it would not have the support to pass. Continued assurances that bipartisan talks are continuing on the legislation have yielded no evidence of additional support, let alone the 10 Republicans needed to end a filibuster.

“I haven’t really heard an update either way, which is usually not good,” one Democratic insider said. “My understanding is that our side was entrenched in a no-compromise mindset and with [Sen. Joe] Manchin saying he didn’t like the bill, it doomed it this Congress. And the bullying of hundreds of trans athletes derailed our message and our arguments of why it was broadly needed.”

The only thing keeping the final nail from being hammered into the Equality Act’s coffin is the unwillingness of its supporters to admit defeat. Other stakeholders who spoke to the Blade continued to assert bipartisan talks are ongoing, strongly pushing back on any conclusion the legislation is dead.

Alphonso David, president of the Human Rights Campaign, said the Equality Act is “alive and well,” citing widespread public support he said includes “the majority of Democrats, Republicans and independents and a growing number of communities across the country engaging and mobilizing every day in support of the legislation.”

“They understand the urgent need to pass this bill and stand up for LGBTQ people across our country,” David added. “As we engage with elected officials, we have confidence that Congress will listen to the voices of their constituents and continue fighting for the Equality Act through the lengthy legislative process.  We will also continue our unprecedented campaign to grow the already-high public support for a popular bill that will save lives and make our country fairer and more equal for all. We will not stop until the Equality Act is passed.”

Sen. Jeff Merkley (D-Ore.), chief sponsor of the Equality Act in the Senate, also signaled through a spokesperson work continues on the legislation, refusing to give up on expectations the legislation would soon become law.

“Sen. Merkley and his staff are in active discussions with colleagues on both sides of the aisle to try to get this done,” McLennan said. “We definitely see it as a key priority that we expect to become law.”

A spokesperson Senate Majority Leader Charles Schumer (D-N.Y.), who had promised to force a vote on the Equality Act in the Senate on the day the U.S. House approved it earlier this year, pointed to a March 25 “Dear Colleague” letter in which he identified the Equality Act as one of several bills he’d bring up for a vote.

Despite any assurances, the hold up on the bill is apparent. Although the U.S. House approved the legislation earlier this year, the Senate Judiciary Committee hasn’t even reported out the bill yet to the floor in the aftermath of the first-ever Senate hearing on the bill in March. A Senate Judiciary Committee Democratic aide, however, disputed that inaction as evidence the Equality Act is dead in its tracks: “Bipartisan efforts on a path forward are ongoing.”

Democrats are quick to blame Republicans for inaction on the Equality Act, but with Manchin withholding his support for the legislation they can’t even count on the entirety of their caucus to vote “yes” if it came to the floor. Progressives continue to advocate an end to the filibuster to advance legislation Biden has promised as part of his agenda, but even if they were to overcome headwinds and dismantle the institution needing 60 votes to advance legislation, the Equality Act would likely not have majority support to win approval in the Senate with a 50-50 party split.

The office of Manchin, who has previously said he couldn’t support the Equality Act over concerns about public schools having to implement the transgender protections applying to sports and bathrooms, hasn’t responded to multiple requests this year from the Blade on the legislation and didn’t respond to a request to comment for this article.

Meanwhile, Sen. Susan Collins (R-Maine), who declined to co-sponsor the Equality Act this year after having signed onto the legislation in the previous Congress, insisted through a spokesperson talks are still happening across the aisle despite the appearances the legislation is dead.

“There continues to be bipartisan support for passing a law that protects the civil rights of Americans, regardless of their sexual orientation or gender identity,” said Annie Clark, a Collins spokesperson. “The Equality Act was a starting point for negotiations, and in its current form, it cannot pass. That’s why there are ongoing discussions among senators and stakeholders about a path forward.”

Let’s face it: Anti-LGBTQ forces have railroaded the debate by making the Equality Act about an end to women’s sports by allowing transgender athletes and danger to women in sex-segregated places like bathrooms and prisons. That doesn’t even get into resolving the issue on drawing the line between civil rights for LGBTQ people and religious freedom, which continues to be litigated in the courts as the U.S. Supreme Court is expected any day now to issue a ruling in Fulton v. City of Philadelphia to determine if foster care agencies can reject same-sex couples over religious objections.

For transgender Americans, who continue to report discrimination and violence at high rates, the absence of the Equality Act may be most keenly felt.

Mara Keisling, outgoing executive director of the National Center for Transgender Equality, disputed any notion the Equality Act is dead and insisted the legislation is “very much alive.”

“We remain optimistic despite misinformation from the opposition,” Keisling said. “NCTE and our movement partners are still working fruitfully on the Equality Act with senators. In fact, we are gaining momentum with all the field organizing we’re doing, like phone banking constituents to call their senators. Legislating takes time. Nothing ever gets through Congress quickly. We expect to see a vote during this Congress, and we are hopeful we can win.”

But one Democratic source said calls to members of Congress against the Equality Act, apparently coordinated by groups like the Heritage Foundation, have has outnumbered calls in favor of it by a substantial margin, with a particular emphasis on Manchin.

No stories are present in the media about same-sex couples being kicked out of a restaurant for holding hands or transgender people for using the restroom consistent with their gender identity, which would be perfectly legal in 25 states thanks to the patchwork of civil rights laws throughout the United States and inadequate protections under federal law.

Tyler Deaton, senior adviser for the American Unity Fund, which has bolstered the Republican-led Fairness for All Act as an alternative to the Equality Act, said he continues to believe the votes are present for a compromise form of the bill.

“I know for a fact there is a supermajority level of support in the Senate for a version of the Equality Act that is fully protective of both LGBTQ civil rights and religious freedom,” Deaton said. “There is interest on both sides of the aisle in getting something done this Congress.”

Deaton, however, didn’t respond to a follow-up inquiry on what evidence exists of agreeing on this compromise.

Biden has already missed the goal he campaigned on in the 2020 election to sign the Equality Act into law within his first 100 days in office. Although Biden renewed his call to pass the legislation in his speech to Congress last month, as things stand now that appears to be a goal he won’t realize for the remainder of this Congress.

Nor has the Biden administration made the Equality Act an issue for top officials within the administration as it pushes for an infrastructure package as a top priority. One Democratic insider said Louisa Terrell, legislative affairs director for the White House, delegated work on the Equality Act to a deputy as opposed to handling it herself.

To be sure, Biden has demonstrated support for the LGBTQ community through executive action at an unprecedented rate, signing an executive order on day one ordering federal agencies to implement the U.S. Supreme Court’s decision last year in Bostock v. Clayton County to the fullest extent possible and dismantling former President Trump’s transgender military ban. Biden also made historic LGBTQ appointments with the confirmation of Transportation Secretary Pete Buttigieg and Rachel Levine as assistant secretary of health.

A White House spokesperson insisted Biden’s team across the board remains committed to the Equality Act, pointing to his remarks to Congress.

“President Biden has urged Congress to get the Equality Act to his desk so he can sign it into law and provide long overdue civil rights protections to LGBTQ+ Americans, and he remains committed to seeing this legislation passed as quickly as possible,” the spokesperson said. “The White House and its entire legislative team remains in ongoing and close coordination with organizations, leaders, members of Congress, including the Equality Caucus, and staff to ensure we are working across the aisle to push the Equality Act forward.”

But at least in the near-term, that progress will fall short of fulfilling the promise of updating federal civil rights law with the Equality Act, which will mean LGBTQ people won’t be able to rely on those protections when faced with discrimination based on sexual orientation or gender identity.

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D.C. bill to ban LGBTQ panic defense delayed by Capitol security

Delivery of bill to Congress was held up due to protocols related to Jan. 6 riots

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New fencing around the Capitol following the Jan. 6 insurrection prevented some D.C. bills from being delivered to the Hill for a required congressional review. (Blade file photo by Michael K. Lavers)

A bill approved unanimously last December by the D.C. Council to ban the so-called LGBTQ panic defense has been delayed from taking effect as a city law because the fence installed around the U.S. Capitol following the Jan. 6 insurrection prevented the law from being delivered to Congress.

According to Eric Salmi, communications director for D.C. Council member Charles Allen (D-Ward 6), who guided the bill through the Council’s legislative process, all bills approved by the Council and signed by the D.C. mayor must be hand-delivered to Congress for a required congressional review.

“What happened was when the Capitol fence went up after the January insurrection, it created an issue where we physically could not deliver laws to Congress per the congressional review period,” Salmi told the Washington Blade.

Among the bills that could not immediately be delivered to Congress was the Bella Evangelista and Tony Hunter Panic Defense Prohibition and Hate Crimes Response Amendment Act of 2020, which was approved by the Council on a second and final vote on Dec. 15.

Between the time the bill was signed by Mayor Muriel Bowser and published in the D.C. Register under procedural requirements for all bills, it was not ready to be transmitted to Congress until Feb. 16, the Council’s legislative record for the bill shows.

Salmi said the impasse in delivering the bill to Congress due to the security fence prevented the bill from reaching Congress on that date and prevented the mandatory 60-day congressional review period for this bill from beginning at that time. He noted that most bills require a 30 legislative day review by Congress.

But the Evangelista-Hunter bill, named after a transgender woman and a gay man who died in violent attacks by perpetrators who attempted to use the trans and gay panic defense, includes a law enforcement related provision that under the city’s Home Rule Charter passed by Congress in the early 1970s requires a 60-day congressional review.

“There is a chance it goes into effect any day now, just given the timeline is close to being up,” Salmi said on Tuesday. “I don’t know the exact date it was delivered, but I do know the countdown is on,” said Salmi, who added, “I would expect any day now it should go into effect and there’s nothing stopping it other than an insurrection in January.”

If the delivery to Congress had not been delayed, the D.C. Council’s legislative office estimated the congressional review would have been completed by May 12.

A congressional source who spoke on condition of being identified only as a senior Democratic aide, said the holdup of D.C. bills because of the Capitol fence has been corrected.

“The House found an immediate workaround, when this issue first arose after the Jan. 6 insurrection,” the aide said.

“This is yet another reason why D.C. Council bills should not be subject to a congressional review period and why we need to grant D.C. statehood,” the aide said.

The aide added that while no disapproval resolution had been introduced in Congress to overturn the D.C. Evangelista-Hunter bill, House Democrats would have defeated such a resolution.

“House Democrats support D.C. home rule, statehood, and LGBTQ rights,” said the aide.

LGBTQ rights advocates have argued that a ban on using a gay or transgender panic defense in criminal trials is needed to prevent defense attorneys from inappropriately asking juries to find that a victim’s sexual orientation or gender identity or expression is to blame for a defendant’s criminal act, including murder.

Some attorneys have argued that their clients “panicked” after discovering the person against whom they committed a violent crime was gay or transgender, prompting them to act in a way they believed to be a form of self-defense.

In addition to its provision banning the LGBTQ panic defense, the Evangelista-Hunter bill includes a separate provision that strengthens the city’s existing hate crimes law by clarifying that hatred need not be the sole motivating factor for an underlying crime such as assault, murder, or threats to be prosecuted as a hate crime.

LGBTQ supportive prosecutors have said the clarification was needed because it is often difficult to prove to a jury that hatred is the only motive behind a violent crime. The prosecutors noted that juries have found defendants not guilty of committing a hate crime on grounds that they believed other motives were involved in a particular crime after defense lawyers argued that the law required “hate” to be the only motive in order to find someone guilty of a hate crime.

Salmi noted that while the hate crime clarification and panic defense prohibition provisions of the Evangelista-Hunter bill will become law as soon as the congressional review is completed, yet another provision in the bill will not become law after the congressional review because there are insufficient funds in the D.C. budget to cover the costs of implementing the provision.

The provision gives the D.C. Office of Human Rights and the Office of the D.C. Attorney General authority to investigate hate related discrimination at places of public accommodation. Salmi said the provision expands protections against discrimination to include web-based retailers or online delivery services that are not physically located in D.C.

“That is subject to appropriations,” Salmi said. “And until it is funded in the upcoming budget it cannot be legally enforced.”

He said that at Council member Allen’s request, the Council added language to the bill that ensures that all other provisions of the legislation that do not require additional funding – including the ban on use of the LGBTQ panic defense and the provision clarifying that hatred doesn’t have to be the sole motive for a hate crime – will take effect as soon as the congressional approval process is completed.

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D.C. man charged with 2020 anti-gay death threat rearrested

Defendant implicated in three anti-LGBTQ incidents since 2011

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shooting, DC Eagle, assault, hate crime, anti-gay attack, police discrimination, sex police, Sisson, gay news, Washington Blade

A D.C. man arrested in August 2020 for allegedly threatening to kill a gay man outside the victim’s apartment in the city’s Adams Morgan neighborhood and who was released while awaiting trial was arrested again two weeks ago for allegedly threatening to kill another man in an unrelated incident.

D.C. Superior Court records show that Jalal Malki, who was 37 at the time of his 2020 arrest on a charge of bias-related attempts to do bodily harm against the gay man, was charged on May 4, 2021 with unlawful entry, simple assault, threats to kidnap and injure a person, and attempted possession of a prohibited weapon against the owner of a vacant house at 4412 Georgia Ave., N.W.

Court charging documents state that Malki was allegedly staying at the house without permission as a squatter. An arrest affidavit filed in court by D.C. police says Malki allegedly threatened to kill the man who owns the house shortly after the man arrived at the house while Malki was inside.

According to the affidavit, Malki walked up to the owner of the house while the owner was sitting in his car after having called police and told him, “If you come back here, I’m going to kill you.” While making that threat Malki displayed what appeared to be a gun in his waistband, but which was later found to be a toy gun, the affidavit says.

Malki then walked back inside the house minutes before police arrived and arrested him. Court records show that similar to the court proceedings following his 2020 arrest for threatening the gay man, a judge in the latest case ordered Malki released while awaiting trial. In both cases, the judge ordered him to stay away from the two men he allegedly threatened to kill.

An arrest affidavit filed by D.C. police in the 2020 case states that Malki allegedly made the threats inside an apartment building where the victim lived on the 2300 block of Champlain Street, N.W. It says Malki was living in a nearby building but often visited the building where the victim lived.

“Victim 1 continued to state during an interview that it was not the first time that Defendant 1 had made threats to him, but this time Defendant 1 stated that if he caught him outside, he would ‘fucking kill him.’” the affidavit says. It quotes the victim as saying during this time Malki repeatedly called the victim a “fucking faggot.”

The affidavit, prepared by the arresting officers, says that after the officers arrested Malki and were leading him to a police transport vehicle to be booked for the arrest, he expressed an “excited utterance” that he was “in disbelief that officers sided with the ‘fucking faggot.’”

Court records show that Malki is scheduled to appear in court on June 4 for a status hearing for both the 2020 arrest and the arrest two weeks ago for allegedly threatening to kill the owner of the house in which police say he was illegally squatting.

Superior Court records show that Malki had been arrested three times between 2011 and 2015 in cases unrelated to the 2021 and 2020 cases for allegedly also making threats of violence against people. Two of the cases appear to be LGBTQ related, but prosecutors with the U.S. Attorney’s Office did not list the cases as hate crimes.

In the first of the three cases, filed in July 2011, Malki allegedly shoved a man inside Dupont Circle and threatened to kill him after asking the man why he was wearing a purple shirt.

“Victim 1 believes the assault occurred because Suspect 1 believes Victim 1 is a homosexual,” the police arrest affidavit says.

Court records show prosecutors charged Malki with simple assault and threats to do bodily harm in the case. But the court records show that on Sept. 13, 2011, D.C. Superior Court Judge Stephen F. Eilperin found Malki not guilty on both charges following a non-jury trial.

The online court records do not state why the judge rendered a not guilty verdict. With the courthouse currently closed to the public and the press due to COVID-related restrictions, the Washington Blade couldn’t immediately obtain the records to determine the judge’s reason for the verdict.

In the second case, court records show Malki was arrested by D.C. police outside the Townhouse Tavern bar and restaurant at 1637 R St., N.W. on Nov. 7, 2012 for allegedly threatening one or more people with a knife after employees ordered Malki to leave the establishment for “disorderly behavior.”

At the time, the Townhouse Tavern was located next door to the gay nightclub Cobalt, which before going out of business two years ago, was located at the corner of 17th and R Streets, N.W.

The police arrest affidavit in the case says Malki allegedly pointed a knife in a threatening way at two of the tavern’s employees who blocked his path when he attempted to re-enter the tavern. The affidavit says he was initially charged by D.C. police with assault with a dangerous weapon – knife. Court records, however, show that prosecutors with the U.S. Attorney’s Office lowered the charges to two counts of simple assault. The records show that on Jan. 15, 2013, Malki pleaded guilty to the two charges as part of a plea bargain arrangement.

The records show that Judge Marissa Demeo on that same day issued a sentence of 30 days for each of the two charges but suspended all 30 days for both counts. She then sentenced Malki to one year of supervised probation for both charges and ordered that he undergo alcohol and drug testing and undergo treatment if appropriate.

In the third case prior to the 2020 and 2021 cases, court records show Malki was arrested outside the Cobalt gay nightclub on March 14, 2015 on multiple counts of simple assault, attempted assault with a dangerous weapon – knife, possession of a prohibited weapon – knife, and unlawful entry.

The arrest affidavit says an altercation started on the sidewalk outside the bar when for unknown reasons, Malki grabbed a female customer who was outside smoking and attempted to pull her toward him. When her female friend came to her aid, Malki allegedly got “aggressive” by threatening the woman and “removed what appeared to be a knife from an unknown location” and pointed it at the woman’s friend in a threatening way, the affidavit says.

It says a Cobalt employee minutes later ordered Malki to leave the area and he appeared to do so. But others noticed that he walked toward another entrance door to Cobalt and attempted to enter the establishment knowing he had been ordered not to return because of previous problems with his behavior, the affidavit says. When he attempted to push away another employee to force his way into Cobalt, Malki fell to the ground during a scuffle and other employees held him on the ground while someone else called D.C. police.

Court records show that similar to all of Malki’s arrests, a judge released him while awaiting trial and ordered him to stay away from Cobalt and all of those he was charged with threatening and assaulting.

The records show that on Sept. 18, 2015, Malki agreed to a plea bargain offer by prosecutors in which all except two of the charges – attempted possession of a prohibited weapon and simple assault – were dropped. Judge Alfred S. Irving Jr. on Oct. 2, 2015 sentenced Malki to 60 days of incarnation for each of the two charges but suspended all but five days, which he allowed Malki to serve on weekends, the court records show.

The judge ordered that the two five-day jail terms could be served concurrently, meaning just five days total would be served, according to court records. The records also show that Judge Irving sentenced Malki to one year of supervised probation for each of the two counts and ordered that he enter an alcohol treatment program and stay away from Cobalt.

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