Local
Gay Asian man, parents attacked in D.C.’s Observatory Circle area
Suspect shouted, ‘faggots,’ ‘You are not Americans!’
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.
District of Columbia
D.C. police demoted gay captain for taking parental leave: Lawsuit
Department accused of engaging in ‘effort to harass, retaliate’
A gay police captain on Dec. 31 filed a lawsuit in federal court accusing the D.C. Metropolitan Police Department of illegally demoting him and subjecting him to harassment and retaliation for taking parental leave to care for his newborn son.
The 16-page lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the U.S. Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.
The lawsuit states that he received full permission to take parental leave from his supervisor. Hrebenak’s attorney, Scott Lampert, with the D.C.-based legal group Center for Employment Service, said Hrebenak’s transfer to another police division against his wishes, which was a far less desirable job, was the equivalent of a demotion, even though it has the same pay grade as his earlier job.
D.C. police spokesperson Thomas Lynch said police will have no comment at this time on the lawsuit. He pointed to a longstanding D.C. police policy of not commenting on pending litigation.
Casey Simmons, a spokesperson for the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, said the Attorney General’s Office also does not comment on ongoing litigation. “So, no comment from us at this time,” she told the Blade.
Hrebenak’s lawsuit, filed in U.S. District Court for the District of Columbia, states that “straight” police officers have routinely taken similar family and parental leave to care for newborn children and have not been subjected to the unfair and illegal treatment to which it claims Hrebenak was subjected.
The lawsuit states that Hrebenak has served with distinction as an officer and later as captain since he first joined the force in July 2017. It says after receiving “outstanding reviews and promotions” he was promoted to captain in November 2020 and assigned to the School Safety Division in September 2022.
According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.
The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.
“When my husband and I decided to have a child, and I used my allotted D.C. Paid Family Leave and Federal Family Leave, I was punished and removed from a preferred and sought after position as Director of the School Safety Division,” Hrebenak told the Washington Blade in a statement.
“My hope is by filing this lawsuit I can hold MPD and the D.C. Government accountable,” he wrote. “I am the first gay male D.C. Police manager (Captain or Lieutenant) to take advantage of this benefit to welcome a child into the world,” he states, adding, “I want to take this action also so that fellow officers can enjoy their families without the fear of being unfairly treated.”
The lawsuit states that in addition to not being allowed to return to his job as director of the School Safety Division upon his return from leave, “he was also required to work the undesirable midnight shift, as a Watch Commander, requiring him to work from 8:00 p.m. to 4:30 a.m.”
Watch Commander positions are typically given to lieutenants or newly promoted captains, the lawsuit says, and not to more senior captains like Hrebenak.
“Plaintiff’s removal as Director of MPD’s School Safety Division was a targeted, premeditated punishment for taking statutorily protected leave as a gay man,” the lawsuit concludes. “There was no operational need by MPD to remove Plaintiff as Director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years.”
The lawsuit identifies the police official who refused to allow Hrebenak to resume his job as director of the School Safety Division and reassigned him to the less desirable position on the midnight shift as Deputy Chief Andre Wright.
The Blade couldn’t immediately determine whether D.C. Police Chief Pamela Smith, who has expressed strong support for the LGBTQ community and for LGBTQ people working on the police force, would have supported Wright’s actions toward Hrebenak.
The lawsuit adds that Hrebenak’s transfer out of his earlier job to the night shift position “was humiliating and viewed as punishment and a demotion by Plaintiff and his co-workers.”
The lawsuit, which requests a trial by jury, says, “Defendant’s actions were willful and in bad faith, causing Plaintiff to suffer lost wages and benefits, and severe physical, mental, and emotional anguish.”
It calls for his reinstatement as director of the Division of School Safety or assignment to a similar position and $4.3 million in compensatory and punitive damages, including interest, attorney’s fees, and court related costs.
Lampert, Hrebenak’s attorney, said it was too soon to determine whether U.S. District Court Judge Randolph D. Moss, who is presiding over the case, will require the two parties to enter negotiations to reach an out-of-court settlement.
In past cases in which LGBTQ people have filed lawsuits against D.C. government agencies on grounds of discrimination or improper treatment, local LGBTQ activists have called on the D.C. government to reach a fair and reasonable settlement to address the concerns raised by those filing the lawsuits.
Richard Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance, said he believes the city is “in the wrong” on this case and should agree to a settlement if the judge calls for settlement negotiations.
“If anyone should be demoted, it is whoever decided to punish Captain Hrebenak for exercising his parental rights,” Rosendall told the Blade. “Equal protection means nothing if it is subject to arbitrary suspension at a supervisor’s whim,” he said.
“Additionally, the rule of law is undermined when those sworn to enforce it act as if they are a law unto themselves,” Rosendall said.
Virginia
Va. House approves resolution to repeal marriage amendment
Two successive legislatures must approve proposal before it goes to voters
The Virginia House of Representatives on Tuesday approved a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman.
The resolution that state Del. Mark Sickles (D-Fairfax County) introduced by a 58-35 vote margin. State Sen. Adam Ebbin (D-Alexandria) has proposed an identical measure in the Virginia Senate.
Ebbin and Sickles are both gay.
Voters approved the Marshall-Newman Amendment in 2006.
Same-sex couples have been able to legally marry in Virginia since 2014. Republican Gov. Glenn Youngkin last year signed a bill that codified marriage equality in state law.
The General Assembly in 2021 approved a resolution that seeks to repeal the Marshall-Newman Amendment. It must pass in two successive legislatures before it can go to the ballot.
The Senate Privileges and Elections Committee on Tuesday advanced Ebbin’s resolution by a 10-4 vote margin. The House on Tuesday also approved resolutions that would enshrine reproductive rights and restore formerly incarcerated people’s right to vote in the state constitution.
Maryland
Maryland Legislative LGBTQ+ Caucus to hold town hall on Eastern Shore
Delmarva Pride Center, DoCoPride to co-host Wednesday event
The Maryland Legislative LGBTQ+ Caucus on Wednesday will hold a town hall with the Delmarva Pride Center and DoCoPride that will focus on legal protections for LGBTQ Marylanders.
The town hall will take place from 6-7:30 p.m. in the Waterfowl Building (40 S. Hanson St.) in Easton. It will also be virtual for those who cannot attend in person.
A press release notes elected officials and “state and federal legal experts” will talk about “the current status of protections for LGBTQ+ Marylanders and what the future may hold.”
“As Maryland prepares for the incoming federal administration, the LGBTQ+ Caucus is steadfast in reaffirming Maryland’s commitment to supporting all of its residents,” said state Del. Kris Fair (D-Frederick County), who chairs the Maryland Legislative LGBTQ+ Caucus. “Coordination will be critical to building a comprehensive package of legislation that affirms the unique lived experiences of all its residents — especially queer, nonbinary, and transgender people targeted by harmful legislation.”
Tina Jones, co-founder and chair of the Delmarva Pride Center in Easton, in the press release notes the LGBTQ community “is facing unprecedented levels of bias and potential harm at this time.”
“As part of our safe spaces initiative, we are honored to have this opportunity to partner with the Maryland Legislative LGBTQ+ Caucus and DoCo Pride to educate folks on their rights and stand together to say hate, bias, and harm have no place on the Eastern Shore or anywhere in Maryland,” said Jones.
Registration for the event is here:
D.C. police demoted gay captain for taking parental leave: Lawsuit
Biden to leave office revered as most pro-LGBTQ president in history
Va. House approves resolution to repeal marriage amendment
Indian Supreme Court rejects marriage equality ruling appeals
Marjorie Taylor Greene calls Sarah McBride a ‘groomer’ and ‘child predator’ for reading to kids
Teen gets probation in attack on gay man at 14th & U McDonald’s
Fire set at Arlington gay bar listed as arson
Homophobe Anita Bryant dies at 84
Marjorie Taylor Greene calls Sarah McBride a ‘groomer’ and ‘child predator’ for reading to kids
Sentencing for Ruby Corado postponed
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District of Columbia3 days agoTeen gets probation in attack on gay man at 14th & U McDonald’s
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Virginia5 days agoFire set at Arlington gay bar listed as arson
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National5 days agoHomophobe Anita Bryant dies at 84
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Congress22 hours agoMarjorie Taylor Greene calls Sarah McBride a ‘groomer’ and ‘child predator’ for reading to kids