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Gay Asian man, parents attacked in D.C.’s Observatory Circle area

Suspect shouted, ‘faggots,’ ‘You are not Americans!’

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Sean Lai, 30, an out gay man of Chinese ancestry, was beaten earlier this month. He is shown here at his graduation ceremony at Georgetown University, where he received his doctorate degree last year in physics.

A gay Chinese man and his parents were attacked and beaten about 10:30 p.m. on Saturday, Aug. 7, on the 3700 block of Fulton Street, N.W. near the National Observatory by a male suspect who called them “faggots” and shouted, “You are not Americans!,” according to charging documents filed in D.C. Superior Court.

The charging documents show that D.C. police, who arrived on the scene as the incident was unfolding, arrested Patrick Joseph Miller Trebat, 38, on one count of Felony Assault, two counts of Simple Assault, and one count of Destruction of Property. A police incident report lists the assault as a suspected hate crime.

A statement released by the Watch Commander of the D.C. Police Second District, whose officers made the arrest, said the family of three were transported to a local hospital for treatment of injuries listed as non-life threatening. 

The Watch Commander, who is not identified by name, added in the statement that suspect Trebat punched and kicked the three victims as he stated, “Get out of my country.”  

Among the victims was Sean Lai, 30, an out gay man of Chinese ancestry who last year completed his doctorate degree in physics at Georgetown University and currently works as a data scientist. He has been a D.C. resident since 2013.

Court documents state that Trebat allegedly attacked Lai and his parents as they were walking on the street in the city’s Observatory Circle neighborhood where they are currently living and which is a short distance from the National Cathedral. 

The court documents show that prosecutors with the Office of the U.S. Attorney for D.C. filed documents in D.C. Superior Court, charging Trebat with two counts of Bias-related Assault with Significant Bodily Injury and one count of Bias-related Assault in connection with the incident along with a charge of destruction of property related to damage to Lai’s cell phone during the attack.

But the charges filed by the U.S. Attorney’s Office attribute the bias aspect of the crime only to the three victims’ “actual or perceived national origin.” The charges filed by the U.S. Attorney’s Office do not attribute the attack to bias related to Lai’s actual or perceived sexual orientation, even though one of the charging documents quotes Trebat as reciting the word “faggots.”

William Miller, a spokesperson for the U.S. Attorney’s Office, said the office does not comment on its reasons for charging decisions in pending cases. “The U.S. Attorney’s Office is continuing to investigate the facts and circumstances of the case and has no further comment at this time,” Miller told the Washington Blade.

The court documents show that Trebat is a resident of an apartment at 4201 Cathedral Ave., N.W., which is located less than a mile from where the incident occurred. The documents show he was released by a judge two days after his arrest on the condition that he be placed in the court’s High Intensity Supervision release program.

Court records show D.C. Superior Court Judge Judith Pipe also issued a pretrial stay away order. The details of the order were not immediately made public, but most such orders require an arrested person to stay away from anyone he or she is charged with harming.

The court records also show that court status hearings set for the Trebat case initially scheduled for Aug. 30 and Oct. 20 were cancelled and his next scheduled appearance in court for a felony status conference is set for Nov. 15.

Details of the incident are provided in the police incident report and a two-page arrest affidavit prepared by police and prosecutors with the U.S. Attorney’s Office.

Although Lai’s sexual orientation is not disclosed in the police report or the arrest affidavit, a close friend who contacted the Washington Blade said Lai wishes to be identified as an out gay man. The friend said Lai plans to release a public statement about the incident after more details about the case become known.

According to the two documents, Lai, who is listed as Victim 3, told police he and his parents were walking home along the 3700 block of Fulton Street, N.W. when Suspect 1, later identified as Trebat, started following them. The police report says the family lives on the 3900 block of Fulton St. 

“Victim 3 states that he and his family tried to cross the street to create distance between them and Suspect 1,” the police report says. “Victim 3 states that he heard Defendant 1 call him and his family ‘faggots’ and that he heard D-1 exclaim, ‘You are not Americans!’ before D-1 began to assault his family,” the arrest affidavit states.

The affidavit identifies Victim 1 as the mother, age 61, and Victim 2 as the father, age 64. 

“Victim 1 and Victim 2 did not speak English,” the affidavit says, adding that police arriving on the scene immediately placed a radio call for a police officer who is a Mandarin speaker who quickly arrived on the scene to provide translation services to help police interview the parents. 

“V-1 stated that D-1 assaulted her husband V-2, causing him to fall to the ground,” the affidavit continues. “V-1 states that D-1 then pushed her to the ground, causing the listed injury. V-2 stated that D-1 came from behind and struck him with a closed fist in the back of the head, causing him to fall to the ground,” says the affidavit.

“V-3,” Sean Lai, “states he turned around and observed D-1 assault his parents,” says the affidavit. “V-3 intervened and pushed D-1 away from his parents, ensuing in a physical struggle between V-3 and D-1,” the affidavit says.

The affidavit says the father then tried to intervene to protect his son from Trebat’s assault, but Trebat “kept pushing them both to the ground.” It says that at some point during the assault, each of the three victims sustained injuries serious enough to send them to a hospital.

It says that during his struggle with Trebat, Lai’s phone fell out of his pocket and was damaged when it struck the ground. The affidavit says the damaged phone prompted prosecutors to charge Trebat with the single count of destruction of property.

The attack against Lai and his parents took place five months after the release of a report in March by the group Stop Asian American Pacific Islander Hate that found at least 140 hate-related incidents had been reported against people of Asian ancestry across D.C., Maryland, and Virginia since March of 2020.

Civil rights organizations have attributed the anti-Asian attacks to the bogus and racist belief by some that Asians should be blamed for the coronavirus pandemic because it originated in China.

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Gay man attacked, beaten by neighbors in Northeast D.C.

Police list incident as hate crime but courthouse ‘backlog’ could delay arrests

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Antonio Zephir was beaten by neighbors and fears for his life. (Photo courtesy of Zephir)

A woman, her daughter, and a man believed to be the daughter’s father repeatedly punched a gay man in the face while the mother called him a “Jewish faggot” and other anti-gay slurs during an Oct. 13 incident on the grounds of an apartment building where the victim and the two women live, according to the victim and a D.C. police incident report.

The victim, Antonio Zephir, 51, told the Washington Blade the incident began after the mother began shouting anti-gay slurs at him as he walked past her and his roommate outside the Northwood Gardens Apartments at 4870 Fort Totten Dr., N.E. at about 12:40 p.m. on Wednesday, Oct. 13. 

Zephir identifies the mother as Aurlora Y. Ellis in court papers seeking a restraining order against her that he filed in D.C. Superior Court. He said she had acted in a hostile way toward him before the assault incident.

“For several months, every time Ms. Ellis sees me, she shouts homophobic slurs and I continued to ignore her,” Zephir told the Blade in an email.

He said that minutes before the Oct. 13 attack, Ellis yelled the words “Jewish faggot” when he walked past her as she was talking to his roommate, Steven Johnson. Zephir said it is well known among his neighbors at the apartment complex that he is of the Jewish faith.

“I responded with not-so-kind words. She ran towards me and assaulted me with hard punches toward my face,” Zephir wrote in his email to the Blade. 

“I punched back in an attempt to defend myself,” he wrote. “Mr. Johnson tried to break us up when her daughter Latera Cox and [Cox’s] father assaulted me,” according to Zephir’s account of the incident. “Ms. Ellis yelled, ‘Call the police, you bitch faggot. They’re not going to do anything. This isn’t over yet.”

At that point, Ellis, her daughter Latera Cox, and the man Zephir believes to be Cox’s father fled the scene, Zephir told the Blade.

The D.C. police incident report, which lists the assault as a suspected hate crime, says, “All three suspects then fled east bound” on the 4800 block of Fort Totten Dr., N.E.

Zephir said he immediately called police, who arrived on the scene and took a report on the incident. The report obtained by the Blade lists the incident as a simple assault, which is a misdemeanor under D.C. law.

But Zephir said a detective working on the case told him this week that police were looking into speeding up the process of obtaining warrants for the arrest of the three attackers based, in part, on the injuries Zephir suffered from the attack. He provided the Blade with a medical report issued by the Washington Hospital Center, where his roommate took him to the emergency room the day following the attack, in response to severe pain he was experiencing to his face and head.

The report from the hospital, which treated and released him on Oct. 14, says he was diagnosed as having a fractured nose; a fracture of the “interior orbital wall,” which is the bone surrounding one of his eyes; subconjunctival hemorrhage or bleeding of his left eye; and “laceration of oral cavity” which means an injury inside his mouth caused by trauma from the assault.

Zephir told the Blade that the same detective told him last week that due to a “backlog” in cases at the D.C. Superior Court, it could take between one and two months for police and prosecutors to obtain warrants for the arrests of the two women and the man who assaulted him.

A police spokesperson told the Blade the case remains under active investigation. A spokesperson for the Office of the U.S. Attorney for the District of Columbia, which acts as the prosecutor for adult criminal cases in D.C., said he would look into whether the office could publicly comment on the status of efforts to obtain arrest warrants for the three attackers.

Zephir said rumors had surfaced prior to the assault incident that Ellis may have access to a gun. Based on what he feared was a threat by Ellis when she told him during the attack that “this isn’t over yet,” he said he persuaded his roommate to drive him to the courthouse on the same day as the attack to apply for a court restraining order to prevent Ellis from harming him again.

Court records show he also filed a civil complaint against Ellis, Ellis’s daughter, and Ellis’s roommate, Linda Miller, who Zephir says in the complaint acted as an “enabler” for Ellis’ hostility toward him.

The complaint, which is a civil lawsuit that Zephir wrote by hand and filed by himself without hiring a lawyer, calls for $18,000 in damages.  

“I have nightmares,” Zephir told the Blade. “I can’t believe it happened. I keep reliving the experience over and over and over in my head,” he said. “And I feel like I’m a prisoner in my own apartment. I don’t feel safe because I, honest to God, feel like she is going to bodily harm me and I might be, God forbid, murdered.”

Ellis, Cox, and Miller could not immediately be reached for comment.

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Biden endorses Roem for re-election

Former journalist is first out trans person in any state legislature

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Virginia state Del. Danica Roem (D-Manassas) speaks to supporters following her re-election on Nov. 5, 2019. President Biden has endorsed her for re-election. (Washington Blade photo by Michael Key)

President Biden on Tuesday endorsed Virginia state Del. Danica Roem (D-Manassas) for re-election.

Speaker Eileen Filler-Corn (D-Fairfax County) is among the other Democratic members of the Virginia House of Delegates who Biden backed. Biden in his tweet also stressed his support of Terry McAuliffe, who is running against Republican Glenn Youngkin to succeed Democratic Gov. Ralph Northam.

“Building back better starts in the states,” tweeted Biden. “Since flipping the legislature in 2019, Virginia Democrats have been a model of progress—including helping us vaccinate folks to beat the pandemic. To keep our progress, we must elect Terry McAuliffe and Democrats up and down the ballot.”

Roem, a former journalist, in 2018 became the first openly transgender person seated in any state legislature in the U.S.

Biden called Roem on the night she defeated then-state Del. Bob Marshall and congratulated her. A Washington Post picture that showed Roem crying moments later went viral.

The Manassas Democrat who represents the 13th District in 2019 easily won re-election. Christopher Stone, the Republican who is running against Roem in this cycle, opposes marriage and adoption rights for same-sex couples.

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Conservatives blame pro-trans policy after assaults in Loudoun schools

‘Gender fluid’ 15-year-old accused of attacking female students

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The Loudoun County, Va., public school system’s recently adopted policy of allowing students to use the bathroom that matches their gender identity has come under fire over the past two weeks by outraged parents and conservative political activists following reports that a 15-year-old “gender fluid” boy allegedly sexually assaulted two girls in different high schools.

The parents of one of the girls released a statement through the Virginia-based Stanley Law Group blaming school officials for failing to put in place safeguards to prevent the boy, who they say was dressed in a skirt, from entering the girl’s bathroom to assault their daughter at Stone Bridge High School in Ashburn, Va., on May 28.

The statement accuses Loudoun County Schools officials and the Loudoun County Board of Education of failing to take steps to prevent the same 15-year-old boy from allegedly sexually assaulting another female student at Broad Run High School, also located in Ashburn, on Oct. 6 in a vacant classroom.

School officials acknowledge that the boy was transferred to the second school after law enforcement authorities released him from a juvenile detention facility following his arrest for the first case, in which the Loudoun County Sheriff’s Office said he was charged with two counts of forceable sodomy against his female victim. 

“The sexual assault on our daughter and the subsequent sexual assault by the same individual were both predictable and preventable,” the parents’ statement says. “Subsequent to the sexual assault on our daughter, Loudoun County Public Schools formalized the policy regarding restroom use that was easily exploitable by a potential sexual assailant,” the statement continues. 

“Because of poor planning and misguided policies, Loudoun Schools failed to institute even minimal safeguards to protect students from sexual assaults,” says the statement.

Loudoun County Schools Superintendent Scott A. Ziegler apologized at an Oct. 15 news conference for what he acknowledged was the school systems’ mishandling of the two sexual assault cases. He noted that school officials should have publicly disclosed the two cases or at least alerted parents at the time they occurred. But he said a federal civil rights law known as Title IX that mandates how schools must respond to cases of sexual harassment appeared to prevent Loudoun school officials from initially disclosing the two cases of sexual assault until they were investigated by law enforcement authorities.

Ziegler said the school system was revamping its disciplinary procedures and its interaction with the Loudoun Sheriff’s Office to ensure that parents and students are alerted to potential danger similar to the cases where the 15-year-old boy allegedly assaulted the two female students.

Meanwhile, school officials and the LGBTQ advocacy group Equality Loudoun have pointed out that law enforcement officials have yet to confirm whether the 15-year-old boy charged in the two cases was actually dressed in women’s clothes during the first incident or whether he is trans or gender fluid.

Equality Loudoun’s president, Cris Candice Tuck, released a statement to the Washington Blade on Oct. 18 that she said was the first official known statement responding to the Loudoun school controversy from an LGBTQ organization.

“In light of the reporting of recent sexual assault allegations, the Board of Directors of Equality Loudoun wishes to extend our deepest sympathies to the victims of these heinous attacks and their families,” the statement says. “Equality Loudoun advocates for due process and justice for the victims regardless of whether the alleged perpetrator was a member of the LGBTQ+ community,” the statement continues. “Such actions have no place in our community, and Equality Loudoun does not condone any form of sexual violence, assault, or harassment,” it says.

“However, the accusations that the alleged perpetrator of these assaults is transgender or genderfluid have so far been unverified,” the Equality Loudoun statement asserts. “Attempts to shift blame of this incident to any individual, group, or policy – other than the alleged perpetrator – does a grave disservice to the victims of these crimes and already marginalized youth in our community.”

The statement adds, “We remind those advocating for change to the laws and policies that the initial assault predated any enactment of Policy 8040 by almost 4 months.”

The Equality Loudoun statement was referring to the fact that the Loudoun County School Board did not vote to approve the school system’s trans nondiscrimination policy until August of this year, more than three months after the first of the two sexual assault incidents occurred. 

The policy, among other things, allows transgender and genderfluid students to use the school bathrooms and locker rooms that match their gender identity. The policy also requires that teachers, school administrators and fellow students address a trans or genderfluid student by their chosen name and pronouns.

“Inadvertent slips in the use of names and pronouns may occur,” the policy states. “However, staff or students who intentionally and persistently refuse to respect a student’s gender identity by using the wrong name and gender pronoun are in violation of this policy,” it states.

The statement says that rumors of a bathroom “pilot” program that predated the official approval of Policy 8040 that would have allowed female trans or genderfluid students to use the girls’ bathrooms “are simply untrue” and were never put in place.

In a separate statement to the Blade, Equality Loudoun’s Cris Candice Tuck challenged claims by some parents and conservative political activists, some of whom are supporting Virginia’s GOP gubernatorial candidate Glenn Youngkin over Democrat Terry McAulliffe, that the trans nondiscrimination policy is placing students at risk for sexual assault.

“The adoption of nondiscrimination policies are in no way endangering students,” Candice Tuck said. “Across the country, sexual assaults have occurred in schools for decades before any transgender inclusive policies were passed,” she said. “And in those counties and states where such protections have passed in recent years, there has been no verified incidence of anyone abusing such policies to commit such attacks in schools.”

Candice Tuck added, “The focus should be on improving systems of reporting, coordination, and investigation, protecting the victims of these attacks, and creating safer school environments by creating modernized areas and bathrooms that increase protection for all students, including LGBTQ+ students who are statistically more likely to be the victim of such a crime.”  

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