About 70 transgender activists and their supporters turned out on Tuesday for a protest outside the D.C. Superior Court building after a trial at the courthouse of two men charged with the 2016 murder of transgender woman Deeniquia “Dee Dee” Dodds, 22, ended last week with a hung jury.
Organizers of the protest pointed out that the deadlocked jury in the Dodds case marked the second time in less than two years that male perpetrators charged in the murder of young transgender women of color in D.C. ended without a conviction.
In August 2017, a Superior Court jury found a D.C. man charged in the 2012 stabbing death of 23-year-old transgender woman Deoni Jones at a Northeast D.C. bus stop not guilty. Similar to the Dodds case, police and prosecutors said they believed the evidence against Gary Montgomery, 55, who was charged in the Jones case was strong and convincing.
Tuesday’s protest organizers, led by the D.C. LGBT community services center Casa Ruby, said the latest two cases were among at least 19 murders of transgender women in D.C. since 1991 in which the cases remain unsolved or the male defendants charged in the murders were not convicted.
Noting that most of the transgender murder victims in D.C. have been young trans women of color, Casa Ruby Executive Director Ruby Corado told protesters the city’s criminal justice system was failing the trans community and creating a chilling effect for young trans people.
“What are we teaching the young people when they are gunned down on the streets of this city and their murderers go unpunished?” said Corado. “What are we teaching our young people about the value of their lives?” she said.
“That is the reason why we’re here because we must change the narrative that is telling our young people that their lives have no value,” Corado said.
The U.S. Attorney’s Office, which prosecutes criminal cases in D.C., told the Blade on Tuesday that it has decided to retry the two men charged in the Dodds murder following the hung jury on the murder charge that ended their first trial on March 6.
Monte Johnson, 23, and Jolonta Little, 28, were charged with first-degree felony murder while armed, conspiracy, and multiple robbery and gun possession charges in connection with the Dodds murder.
Prosecutors said Johnson, Little and two other men allegedly conspired to target transgender women for armed robberies in the early morning hours of July 4, 2018 because they believed they would be easy targets. Prosecutors said Dodds was among at least seven trans women that the men targeted that night.
The two other men, Cyheme Hall, 23, and his brother, Shareem Hall, 25, had been charged along with Little and Johnson with first-degree murder while armed in connection with the Dodds murder. But prosecutors informed the jury at the start of the trial for Johnson and Little that the Hall brothers agreed to become cooperating witnesses for the government after pleading guilty to second-degree murder in the Dodds case.
In his testimony at the trial, Cyheme Hall told the jury it was Johnson who fatally shot Dodds in the neck at point blank range after she fought back by grabbing the barrel of Johnson’s handgun after he and Johnson attempted to rob her on Division Avenue, N.E., as she was walking to her nearby home.
Defense attorneys for Johnson and Little urged the jury to discount the testimony by the Hall brothers, who they said were habitual liars interested only in telling prosecutors what they wanted to hear to get off with a lighter prison sentence.
While the jury was deadlocked on the murder, conspiracy and several other robbery related charges, it found Johnson not guilty on seven of the 15 other charges filed against him. It found Little not guilty on five of the 15 other charges filed against him.
The jury found Little guilty of a single count of carrying a pistol without a license outside a home or business, the only guilty verdict it handed down in the Dodds case.
Meanwhile, in a development that raised concern among LGBT activists, especially transgender activists, Superior Court Judge Milton Lee, who presided over the trial, granted separate motions by the defense and prosecutors to dismiss a hate crime enhancement designation for the murder charge and other charges against Johnson and Little. Lee said he dismissed the hate crime designation because he considered the evidence supporting such a designation insufficient.
Knowledgeable observers of criminal trials, including D.C defense attorney Cheryl Stein who specializes in criminal law, said hate crime designations are often hard to prove because a jury must decide whether a defendant’s motive for a particular crime is hatred or bias based on the victim’s status such as race, religion, sexual orientation, and transgender status.
“A hate crime is hard to prove,” Stein told the Blade. “If a prosecutor over charges a case with a hate crime enhancement they could lose on the other charges with stronger evidence,” she said.
But several of the transgender activists at the courthouse protest on Tuesday said the perception of the judge’s dismissal of the hate crime designation in the Dodds case and numerous past cases in which prosecutors with the D.C. U.S. Attorney’s Office have declined to list cases of anti-LGBT violence as hate crimes leaves the activists with the perception that the system is biased against trans and LGBT crime victims.
“Today we’re here because we know that in D.C., the city that most of us call home, we know that trans people, and in particular trans people of color, are hurting and they deserve better,” said Mateo De La Torre, a transgender man who works for the National Center for Transgender Equality.
De La Torre and others speaking at the protest called on the trans community and its allies to help draw attention to what they believe is a flawed criminal justice system for many in the trans community so that steps can be taken to improve it.
“Yes, we need the MPD do to better,” said Del La Torre. “We need the court system to do better. We need the D.C. Council to do better. And we need the press to do better as well.”
Joeann Lewis, Dee Dee Dodds’ mother, told protesters the outcome of the trial for the men charged with killing her daughter was devastating to her and other family members, who took turns attending the trial each day for nearly a month.
“My daughter was a beautiful person,” she said. “I am hurting so bad that the system failed her for this hung jury,” she told the gathering. “It makes me feel like, hey, the system is saying she is transgender. She died. She doesn’t matter,” said Lewis. “She does matter. All of our transgenders matter. All our gay people matter.”
Upon learning of the outcome of the trial in the Dodds case, Judean Jones, the mother of trans murder victim Deoni Jones, released a statement to the Washington Blade expressing solidarity with the Dodds family and raising concerns about the judicial system and the U.S. Attorney’s Office.
Jones and her husband Alvin Bethea criticized the U.S. Attorney’s office for not listing the murder of their daughter a hate crime.
“I stand with the Dodds family and friends and the LGBTQ community to say we are again having to witness and experience this miscarriage of justice at the hands of the United States Attorney’s Office and judge,” she said.
Corado, however, told the Blade she met with representatives of the U.S. Attorney’s Office recently, saying “they are committed to working with us and the young people” on trans cases.
Other speakers at the protest, including Lisa Jones of the D.C. sex worker advocacy group HIPS, and veteran D.C. transgender activist Dee Curry, criticized D.C. police for stepping up arrests of trans female sex workers at a time when the city’s murder rate is rising and LGBT-related hate crimes continue to account for more than half of all hate crimes in the District.
“It is amazing to me that in a city that has an increase in gun violence and murder that the police are going after in a much bigger way people who are committing commercial sex work and doing little when it comes to the people who are killing us or maiming us or doing harm to us,” Curry told the crowd at the protest. “We have got to say enough is enough.”
Others who spoke at the rally were trans activist Tiffany McGee of the Baltimore group Safe Haven; Achim Jeremiah Howard, a trans man and founder of the group Trans Men Rising; Bishop Allyson Nelson Abrams, pastor of D.C.’s Empowerment Liberation Cathedral; Kisha Allure, Casa Ruby’s Crime Victims Manager; and veteran D.C. trans activist Kimberly Gordon.
In a related development, the U.S. Attorney’s Office says it’s committed to investigating and prosecuting individuals who commit “bias related crimes” in the District of Columbia, according to the office’s spokesperson, William Miller.
In response to a request from the Blade, Miller released a statement explaining his office’s policy and procedures for prosecuting hate crimes at a time when transgender activists have criticized the office for seeking the dismissal of a hate crime designation for one of two men charged in the July 2016 murder of Dodds.
Miller told the Blade the U.S. Attorneys’ Office plans to retry Little and Johnson on the murder charge but declined to provide further details, saying his office never comments on pending cases.
Miller declined to say why prosecutors wanted the hate crime designation dropped against Johnson, but legal observers have said it most likely was because prosecutors determined the evidence they had to support the hate crime designation wasn’t strong enough. Lee cited a lack of sufficient evidence as his reason for dismissing the designation against both defendants.
“We seek [hate crime] enhancements in cases that we believe will meet the legal threshold in the Superior Court of the District of Columbia and the U.S. District Court for the District of Columbia,” the statement released by Miller says.
“In order to meet that standard, we must be able to prove beyond a reasonable doubt that the defendant committed a specific criminal act covered by federal or D.C. law and that the crime was motivated by prejudice,” the statement continues.
“In assessing whether the crime was committed because of specific bias, we carefully evaluate factors such as the words used by defendants while committing the crimes, the use of symbols of hatred, patterns of conduct on the part of the defendants, and any other information that indicates that the defendants were motivated in whole or in part by animus against a particular group,” the statement says.
“We investigate those cases flagged by our law enforcement partners as well as others that come to our attention,” it says. “As in all of our matters, we make decisions based on the applicable law and the facts and circumstances of each case.”
Equality Act, contorted as a danger by anti-LGBTQ forces, is all but dead
No political willpower to force vote or reach a compromise
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.
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
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.
D.C. man charged with 2020 anti-gay death threat rearrested
Defendant implicated in three anti-LGBTQ incidents since 2011
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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