Local
D.C. man found guilty of assault — but not guilty of hate crime
Victim suffered broken nose, loss of teeth after being called anti-gay slurs
A D.C. Superior Court jury on Feb. 27 found a 42-year-old District man charged with a May 2022 assault against a gay man while shouting anti-gay slurs guilty of assault causing significant bodily injury but not guilty of committing a hate crime.
Court charging documents show that Anthony Duncan allegedly punched the male victim in the face and head, breaking the victim’s nose and breaking three of the victim’s teeth, after the two men crossed paths while walking along 15th Street, N.W. at the intersection of V Street at about 4:50 p.m. on Saturday, May 21, 2022.
An arrest affidavit filed in court by police and prosecutors says Duncan remained on the scene after the victim called police on his cell phone. It says Duncan attempted to blame the victim for instigating a fight.
The affidavit says Duncan told police officers who arrived on the scene that while he walked past the victim the victim “grabbed his nuts at me,” which police interpreted to mean he accused the victim of making a sexual gesture toward him.
“Defendant 1 stated that when he confronted Victim 1 over ‘grabbing his nuts’ that Victim 1 turned around and swung on him unprovoked but missed. Defendant 1 stated that they then got into a physical dispute resulting in Victim 1’s injuries,” the affidavit says.
It says the victim strongly disputed that assertion, saying he attempted to walk away from Duncan after Duncan began calling him a “faggot” and punched him in the back of his head.
The affidavit says the victim “was wearing a Stonewall Bocce shirt which is a well-known LGBTQ sports league.”
The affidavit and a separate court document filed by prosecutors says Duncan told police he recorded some of the incident with his phone, which police obtained at the time they arrested Duncan at the scene of the incident.
“Defendant 1 can be heard approaching Victim 1 while he was walking away and calling him a ‘fag’ several times while the altercation was taking place,” the affidavit says in describing the video obtained from Duncan’s phone.
In a court motion filed by prosecutors asking the judge to allow the video from Duncan’s phone to be submitted as evidence, the motion further describes what was recorded and observed on the video.
“On the video, you can see the defendant approach [the victim] and start verbally accosting him,” the court motion says. “The defendant then proceeds to punch [the victim] in the face,” it says. “After reviewing the video, the police arrested the defendant,” the prosecutors’ motion says.
Court records show Duncan was charged with Assault With Significant Bodily Injury, which was designated as a bias-related crime based on the victim’s sexual orientation. Court records show Duncan was held without bond until a court appearance on May 26, 2022, when he was released under the court’s high intensity supervision program with a stay away order prohibiting him from coming into contact with the victim.
The court records show that Duncan appears to have complied with the terms of his release and that his trial began on Feb. 21 and continued until Feb. 27 when the jury handed down its verdict of guilty on the assault charge and not guilty on the “Bias Related Crime” charge.
Duncan’s defense attorney, Quo Mieko Judkins, declined a request by the Blade for comment on the case. A spokesperson for the U.S. Attorney’s Office said the office would consider a request by the Blade for comment on the case.
Court records show that Superior Court Judge Lynn Leibovitz scheduled a sentencing hearing for Duncan on April 28. A statement released by the U.S. Attorney’s Office says he faces a possible maximum sentence of three years in prison.
Former Dupont Circle Advisory Neighborhood Commissioner Mike Silverstein, who has monitored the U.S. Attorney’s Office’s handling of crimes targeting LGBTQ people, praised the office for prosecuting the case against Duncan as a hate crime. Silverstein said the U.S. Attorney’s Office has chosen to drop hate crime designations in other cases brought by D.C. police.
Spokespersons for the office in the past have said the charging decisions are based on the strength of the evidence in each individual case.
“One would hope that the judge will take into account the circumstances of this case,” Silverstein told the Blade. “The extreme circumstances of someone actually filming an assault and celebrating it. And that should play a part in her decision on a sentence,” he said. “This is not open season on gays.”
West Virginia
Appeals court strikes down W.Va. transgender athlete ban
Ruling finds law violates students’ constitutional rights, Title IX
BY LORI KERSEY | The 4th U.S. Circuit Court of Appeals has struck down West Virginia’s ban on transgender athletes, finding the law violates trans students’ rights under the Equal Protection Clause of the constitution and Title IX, a federal civil rights law prohibiting discrimination based on sex in education programs.
The case, B.P.J. vs. the West Virginia Board of Education, was filed in May 2021 on behalf of Becky Pepper-Jackson, a 13-year-old trans middle school student and track athlete who would be barred from participating if the ban is upheld. Pepper-Jackson is represented by the American Civil Liberties Union, the American Civil Liberties Union of West Virginia and Lambda Legal.
In April 2021, West Virginia Gov. Jim Justice signed into law a bill prohibiting trans women and girls in the state from participating in sports that align with their gender identity. The U.S. Court of Appeals in February 2023 blocked the state from removing Pepper-Jackson from her school’s track and field team as legal advocates appealed a lower court’s ruling upholding the ban.
In Tuesday’s ruling, Judge Toby Heytens wrote that offering Pepper-Jackson the “choice” between not participating in sports and participating only on boys teams is not a real choice.
“The defendants cannot expect that B.P.J. will countermand her social transition, her medical treatment, and all the work she has done with her schools, teachers and coaches for nearly half her life by introducing herself to teammates, coaches and even opponents as a boy,” the judge wrote.
“By participating on boys teams, B.P.J. would be sharing the field with boys who are larger, stronger, and faster than her because of the elevated levels of circulating testosterone she lacks,” he wrote. “The Act thus exposes B.P.J. to the very harms Title IX is meant to prevent by effectively ‘exclud[ing]’ her from ‘participation in’ all non-coed sports entirely.”
In a statement Tuesday, Joshua Block, senior staff attorney for the ACLU’s LGBTQ and HIV Project, called the court’s ruling “a tremendous victory for our client, transgender West Virginians and the freedom of all youth to play as who they are.”
“It also continues a string of federal courts ruling against bans on the participation of transgender athletes and in favor of their equal participation as the gender they know themselves to be,” Block wrote. “This case is fundamentally about the equality of transgender youth in our schools and our communities and we’re thankful the 4th Circuit agreed.”
“We hope today’s ruling sends a message of hope to the trans youth of West Virginia,” Aubrey Sparks, legal director of the ACLU of West Virginia, said in the statement. “And a message of warning to politicians who continue to dehumanize this vulnerable population.”
West Virginia is one of 21 states that have banned trans student-athletes over the last three years, according to the ACLU.
In a statement Tuesday, West Virginia Attorney General Patrick Morrisey vowed to defend the ban and said he is “deeply disappointed” in the decision.
“The Save Women’s Sports Act is ‘constitutionally permissible’ and the law complies with Title IX,” Morrisey said. “I will keep fighting to safeguard Title IX. We must keep working to protect women’s sports so that women’s safety is secured and girls have a truly fair playing field. We know the law is correct and will use every available tool to defend it.”
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Lori Kersey is a reporter with a decade of experience reporting in West Virginia. She covers state government for West Virginia Watch.
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The preceding article was previously published by the West Virginia Watch and is republished with permission.
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West Virginia Watch is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
District of Columbia
Reenactment of first gay rights picket at White House set for April 17
Event marks 59th anniversary of historic push for gay rights in nation’s capital
D.C.’s Rainbow History Project announced it will hold a reenactment on Wednesday, April 17, of the historic first protest for gay rights in the form of a picket line in front of the White House that took place on that same day in 1965.
In a statement released last week, Rainbow History Project says the reenactment will mark the 59th anniversary of an event that is credited with bringing attention for the first time to the federal government’s longstanding discrimination against a minority group referred to then as homosexuals or gays and lesbians.
The statement notes that the 1965 event was organized by the Mattachine Society of Washington, D.C., the first politically active LGBT organization in the nation’s capital founded by local gay rights pioneer Frank Kameny.
“The picket took place on the White House sidewalk, Lafayette Park, 1600 Pennsylvania Ave., on April 17, 1965,” the statement says. “For exactly one hour, from 4:20 p.m. to 5:20 p.m., members of the Mattachine Society of Washington walked in a circle, non-stop, in silence, carrying posters of their demands,” the statement continues.
“The White House picket is the origin story for public demonstrations for gay rights in the U.S., and the origin story for Pride Marches and the annual LGBTQ Pride celebrations which occur across the globe,” according to the statement.
It says those picketing in the April 1965 event, which included Kameny and longtime local D.C.-area lesbian activist Lilli Vincenz, both of whom held doctorate degrees, called on the government to adopt the Mattachine Society of Washington’s four major demands: an end to the exclusion of homosexuals from federal government employment; an end to the ban on gays and lesbians from serving in the U.S. military; an end to the “blanket denial” of security clearances for gay people; and an end to the “government refusal to meet with the LGBTQ community.’
Among those who chose not to respond to the request for a meeting was President Lyndon B. Johnson, who occupied the White House at the time of the 1965 picketing.
Vincent Slatt, the Rainbow History Project’s director of archiving and one of the lead organizers of the April 17 reenactment event, said the event is aimed, among other things, at drawing attention to how far the LGBTQ community has come since 1965. He said the event is not in any way a protest of the administration of President Joe Biden and Vice President Kamala Harris, who Slatt called staunch supporters of the LGBTQ community.
“We are just reenacting this historical event and pointing out how far we’ve come,” Slatt told the Washington Blade. “If you think about what it means in 1965 when these people were protesting and LBJ would not even respond to them. And now, we are at a place where Vice President Harris speaks on a stage at Capital Pride.”
The Rainbow History Project statement notes that the reenactment event will also be held in honor of Kameny, who died in 2011, and Vincenz, who passed away in 2023, both of whom participated in a similar reenactment event in 2008.
Among those who will be participating in this week’s reenactment on April 17 will be longtime local LGBTQ rights activist Paul Kuntzler, who is the only known surviving person who was among the White House picketers at the April 1965 event. Kuntzler will be carrying a replica of his own picket sign he held at the 1965 event, the statement says.
It says Rainbow History Project volunteers will also carry replicas of the original protest signs and hand out literature explaining the picket to passersby and tourists.
Similar to the 1965 event, the reenactment picketing at the White House will begin on April 17 at about 4:15 p.m., according to Slatt of the Rainbow History Project.
District of Columbia
Four LGBTQ candidates running for delegate to Democratic National Convention from D.C.
Thirty-two candidates competing for 13 elected delegate positions in April 20 party caucus
Four LGBTQ Democratic Party activists are running for election as delegates from D.C. to the Democratic National Convention at an April 20 local Democratic Party caucus election in which all D.C. voters who are registered as Democrats will be eligible to vote.
The four LGBTQ candidates are among 32 candidates competing for just 13 elected delegate positions. D.C. will have a total of 51 delegates to the Democratic Convention, but the other 38 include elected officials and party leaders who are considered “automatic” or appointed delegates. The convention will be held in Chicago Aug. 19-23,
Under the delegate selection process put in place by the D.C. Democratic Party, six of the thirteen elected delegate positions will be elected by voters in a section of the city designated as District 1, which includes Wards 1,2, 6, and 8. The other seven elected delegates will be chosen by voters in District 2, which includes Wards 3, 4, 5, and 7.
The LGBTQ candidates include longtime gay Democratic activists David Meadows of Ward 6 and John Fanning of Ward 2 who are running in District 1. Transgender rights advocate and Democratic Party activist Monika Nemeth of Ward 3 and gay Democratic activist Jimmie Williams of Ward 7 are running in District 2.
All four of the LGBTQ candidates have been active members of the Capital Stonewall Democrats, one of D.C.’s largest LGBTQ political organizations. Nemeth and Meadows are past presidents of the organization. Williams has served as chair of the Ward 7 Democratic Committee and is a current member of the committee. Fanning has served as an elected member of the D.C. Democratic State Committee from Ward 2 and served as a delegate to the 2016 Democratic National Convention.
A total of 12 candidates are running in each of the two districts. Under party rules the highest six vote getters in District 1 and the highest 7 vote getters in District 2 will be declared the winners.
The Saturday, April 20 caucus election for the delegate candidates will take place at the Walter E. Washington D.C. Convention Center. An announcement by party officials says two voting sessions will take place, one from 10:00 a.m. to 2:00 p.m. and the other from 4:00 p.m. to 8:00 p.m.
Aside from the elected delegates, two prominent D.C. LGBTQ Democratic leaders will be appointed as delegates to the 2024 Democratic National Convention in their role as members of the Democratic National Committee from D.C.
They are Claire Lucas, a highly acclaimed Democratic Party and LGBTQ rights advocate and party fundraiser; and Earl Fowlkes, one of the lead organizers of D.C.’s annual Black LGBTQ Pride celebration and former president of Capital Stonewall Democrats.
Lucas and Fowlkes and the four LGBTQ candidates running in the April 20 caucus election are committed to backing President Joe Biden as the Democratic nominee for re-election.
Statements from each of the candidates running for delegate in the April 20 caucus election, including the four LGBTQ candidates, can be accessed here: Candidates for Delegate | DC Democratic Party
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