Editor’s note: Yariel Valdés González is a journalist from Cuba who has been granted asylum in the U.S. He spent nearly a year in U.S. Immigration and Customs Enforcement custody until his release from the River Correctional Center in Ferriday, La., on March 4.
Yanelkys Moreno Agramonte, 36, and Dayana Rodríguez González, 31, had never been apart in the nearly five years since they began dating. Their lives were one until Nov. 3, 2019, when they both applied for asylum in the U.S. at a port of entry in El Paso, Texas, and they were separated a short time later.
Moreno and Rodríguez were placed into different cells as their entry into the country was processed.
“They locked me up in a small, lonely place,” Moreno told the Washington Blade on June 9 during a telephone call from the South Louisiana ICE Processing Center in Basile, La., where she remains in U.S. Immigration and Customs Enforcement custody. “I was there for two days and my partner was transferred the day after we arrived.”
“We lost all ties,” Rodríguez told the Blade during a telephone interview from Phoenix on June 10 where she now lives. “I didn’t know where she was and she didn’t know where I was. On the fourth day, they moved me at night to the detention center and there I was, still unsure whether they would send her there.”
The next day, they saw each other for a few minutes in the El Paso Service Processing Center’s dining room, since they were not in the same dorm. Rodríguez and Moreno did whatever they could to see each other.
“They scolded us twice because I was the last one in line in order to wait for her to come and eat together,” recalled Rodríguez.
Both devised a strategy to see each other in the library and even during Catholic Masses held in the El Paso facility.
“Yanelkys made the requests for visits a couple of times and they allowed us to be together only once,” said Rodríguez. “All of the couples were together in the same room, one next to the other. We couldn’t touch each other, just a kiss at the entrance and a kiss at the exit and with an officer watching over us the entire time.”
Perhaps this story would not have been so bitter if the two women had been married because ICE, in theory, allows a married asylum seeker to sponsor their spouse once it grants them “derivative” status. This process allows them to stay together as long as they present a marriage or civil union certificate.
But Moreno and Rodríguez are citizens of Cuba, an island where same-sex marriage is not yet legal. The government’s policies and social attitudes also emphasize discrimination against the LGBTQ community.
Their immigration cases are the same, but Moreno in December was once again separated from Rodríguez. She was sent more than 900 miles east of El Paso to the South Louisiana ICE Correctional Center, where she currently remains in ICE custody. Rodríguez was detained in El Paso until Feb. 4 when she was released on parole and a $7,500 bond.
The two women saw each other for the last time through a door’s glass window, sending their love to each other with signs after a conversation that would define both of their lives forever. Moreno was gone the next morning and the frustration of not being able to say goodbye to her partner is painful to this day.
Couple suffered homophobia, police harassment in Cuba
Moreno and Rodríguez’s families never accepted that two women could fall in love and live together. The prejudices that still persist in Cuba and especially in Zulueta, a small town in the center of the country where they lived, were constant hurdles to their social lives and their life together as a couple.
“My parents divorced because of my sexual orientation,” said Moreno. “My father is the typical Cuban man, who said that his children could not be homosexual. My sister was the only one who always supported me.”
Rodríguez was kicked out of her home when her family found out she was in a romantic relationship with another girl.
“They took all of my things from me and that was terrible,” she said. “It was raining and also in the middle of a blackout. I had to collect my things and go to her home. It was something we did not expect.”
Rodríguez’s family’s decision to disown her was compounded by her neighbor’s accusatory looks, so she and her partner did not even dare to hold hands in the street. Moreno told the Blade that such intolerance suffocated her “because there (in Cuba) homosexuals are not well regarded, neither by family, nor by the authorities, we are quite discriminated against. I felt bad because in the end we are also good people. We have rights and the government constantly violates them. We cannot have our own family.”
Because of the impossibility of getting married, gay and lesbian Cubans cannot adopt children.
The current labor law does not protect transgender people, and they can only change their gender and photo on identity documents if they undergo sex-reassignment surgery. Members of Cuba’s National Revolutionary Police have also been accused of targeting LGBTQ Cubans.
Rodríguez in her asylum claim says a police officer constantly followed her and Moreno
“There was an officer named Sosa, who appeared wherever she was,” writes Rodríguez. “He was very rude to us. He insulted us on two occasions by saying that we were not setting a good example for society or children.”
“On the other occasion, we were sitting in the park during some local celebrations, holding hands, without disrespecting anyone and he also came and took us to the police station because, according to him, we could not do that,” continues Rodríguez. “He did not agree that we were a couple or that we showed it in public. He fined us 500 pesos ($20) because he didn’t want to see us together on the street any more. It was like a warning and we were detained for 73 hours. The officer in the police station told everyone that we were lesbians and they also started making fun of us and calling us names. And the truth is that we felt very bad about all that. Life for us was very difficult there.”
Tired of this familial and societal rejection that Cuban governmental institutions also perpetuate, this young couple exclusively told the Blade they fled the country in order to be able to walk the streets without fear. Now, after seven months in the U.S., they are terrified that Moreno will be deported back to Cuba.
Moreno has already been denied parole twice, which would have allowed her to pursue her asylum case outside of ICE custody.
“ICE’s two responses to my request for parole have told me that I am a flight risk,” said Moreno. “The first was on Jan. 5 and a group of lawyers prepared the second request … it turned out very well, with everything they ask for: A very complete request and they denied me again. They set a date for an interview that they never did.”
ICE’s own directives mandate an asylum seeker must be released while awaiting their asylum hearing if they pass their credible fear interview and background check, prove they are not a danger to society and show they are not a flight risk. The parole rate for ICE’s New Orleans Field Office, which has jurisdiction over Louisiana, dropped from more than 75 percent in 2016 to zero percent in 2019, according to Judge James Boasberg of the U.S. District Court for the District of Columbia’s ruling that granted a preliminary injunction in a class-action lawsuit that other asylum seekers filed.
“I meet all the requirements they ask for: I entered through a (port of entry), I have someone who will receive me and I have a credible positive fear,” said Moreno. “I met with my deportation officer when I was denied parole for the second time and they did not know how to give me a convincing explanation. They just told me that when they were evaluating my case they determined that I was not going to show up to court hearings.”
Liza Doubossarskaia is a legal assistant for Immigration Equality who prepared Moreno’s second parole application under the supervision of Bridget Crawford, a lawyer who is the group’s legal director. Doubossarskaia in an interview with the Blade said ICE’s denial of Moreno’s parole applications is discriminatory based on the fact that another LGBTQ person who is not a blood relative will receive her upon her release.
“There is no provision in any document that the person receiving the immigrant must be his or her close relative,” said Doubossarskaia. “In the parole request, we affirm that her family does not support her because she is gay, but she does have ties to this country because she has a friend who is willing to take her in and the support of various organizations, including Immigration Equality, which will ensure that she attends immigration appointments. She is also not a danger, because we presented her criminal record and it is clean. ICE never explains why she is a flight risk.”
ICE declined to comment to the Blade on Moreno’s case.
“When we had the second negative response on parole, it was as if they were throwing a bucket of cold water at both of us,” said Rodríguez. “It shows in the tone of her voice, in her physique when I can see her on a video call that all that confinement and this time apart is affecting her. It is affecting both of us.”
Moreno is still awaiting her second court hearing, which is scheduled to take place on July 28.
She said her greatest fear is her final appearance before an immigration judge “because it is a lot of stress, for all the time I have been here, for all we have lived through. That moment will be very difficult.”
Rodríguez is terrified her girlfriend will be deported to Cuba “and everything is over.” Her voice cracked on the phone when she discussed this possibility.
“Today I ended the call with her in the morning crying because this absence has affected me a lot,” Rodríguez told the Blade. “The calls are also short because we have to save the little money that you have to communicate. When she tells me that she feels bad and ends up crying, the truth is that it makes me very bad.”
Congressman urges ICE to release LGBTQ detainees
Illinois Congressman Mike Quigley in a letter he sent to Acting Secretary of Homeland Security Chad Wolf last week requested ICE release Moreno and all other LGBTQ detainees.
Quigley described the detention of these detainees in the midst of the coronavirus pandemic as “dangerous and irrational.” More than two dozen other members of the U.S. House of Representatives signed his letter.
Quigley last week told the Blade during a telephone interview that he considers this issue a matter of “basic human decency” and says ICE is “ignoring” social distancing and other guidelines from the Centers for Disease Control and Prevention and not “providing protective equipment or hygiene products to detainees.” The Illinois Democrat also said LGBTQ detainees in ICE detention centers “are treated worse under these conditions than the general population, and no one is treated well.”
Moreno told the Blade the South Louisiana ICE Processing Center can house around 1,000 people.
She said around 190 female detainees remain at the facility. Moreno told the Blade that more than 50 of the 72 beds in the dorm where she lives are occupied.
“We are many for such a small room,” said Moreno. “The food is not good, one day a week it improves a little, but it is generally bad.”
“Cleanliness is not very good either,” she added. Now, since there are so few of us, the cleaning supplies have improved, but when I was in the center it was very difficult to get a roll of toilet paper or a shampoo. They don’t give soap here. We have to shower with shampoo and the commissary is very expensive. “
Doubossarskaia confirms the detention center in which Moreno lives now has room to promote social distancing, but staff have chosen not to enforce it.
Moreno told the Blade a group of female detainees from different housing units were transferred to her dorm in early May. Moreno said an officer at the detention center said it was to make “better use of space” when someone asked about it.
There were 871 ICE detainees with confirmed coronavirus cases as of deadline. ICE’s website says 7,364 of the 24,713 people who were still in their custody have been tested for the virus.
ICE says it has evaluated its detained population based on the CDC’s guidance for people who may be at increased risk for serious illness as a result of the coronavirus. ICE has released more than 900 people from their custody after evaluating their immigration history, criminal record, potential threat to public safety, flight risk and national security concerns.
Despite the fact there are no confirmed coronavirus cases in her detention center, Moreno says she does not feel safe because the transfer of detainees into the facility has not stopped during the pandemic.
“Not all officers wear masks or gloves,” she said. “They say they do take precautions when they enter the center, but I am not sure. They are the ones that go in and out and do not protect us. We are required to be six feet away from each other and when we go to recreation or to the dining room there are only the detainees from one dorm. We do not mix with the others.”
Moreno also says she has experienced several instances of discrimination at the South Louisiana ICE Processing Center which the GEO Group, a Utah-based company operates, both at the hands of her fellow detainees and staff.
“I went to go to the bathroom twice and they told me that I couldn’t go in because they were sorry to bathe with me,” Moreno told the Blade. “I decided to bathe alone from that moment in order to avoid a problem. It has happened to me with the officers when I ask them, for example, for a paper and they don’t give it to me, but they give it to someone else who is behind me. I feel discriminated against because of things like that.”
Doubossarskaia said she believes ICE does not do enough to protect LGBTQ people at its facilities.
“We have heard many stories of detainees who suffer homophobia after their detention,” she said.
Moreno told the Blade that some of the officers at the South Louisiana ICE Processing Center “insult us, humiliate us.” Moreno also said she never thought she would have been “detained for so long.”
“In fact, my partner and I thought that it would be a maximum of two months and that we could go out, get married, make a life together, but none of this has happened,” she lamented. “We can only talk on the phone, but the separation is hard and very sad. I get depressed and cry a lot. “
The Blade asked what Moreno misses the most and without hesitation she said her freedom, and above all, her partner.
“I want to see her, embrace her …”, she says, followed by a long pause.
“I don’t feel like Yanelkys is well,” Rodríguez told the Blade. “In fact, we are seeking psychological help. She has already had two appointments with a professional because she is very stressed and I find her very downcast (…) and they (ICE) are not interested in her life.”
Michael K. Lavers contributed to this article.
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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