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D.C. judge denies request to overturn conviction of man charged with anti-gay assault

Attorney argued fractured nose, broken teeth didn’t meet threshold for ‘significant injury’

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A D.C. Superior Court judge on May 3 denied a motion filed by a defense attorney calling for overturning the conviction of a D.C. man charged with fracturing the nose and breaking several teeth of a gay man while shouting anti-gay slurs during a May 2022 attack near Logan Circle.

Attorney Quo Mieko Judkins argued at a hearing initially called for the sentencing of her client, Anthony Duncan, 42, that the victim’s injuries did not meet the threshold under D.C. law for the charge of Assault Causing Significant Bodily Injury.

A Superior Court jury on Feb. 27 of this year found Duncan guilty of that charge. But in a development that has raised concern among LGBTQ activists, the jury also found Duncan not guilty of committing the assault as a hate crime based on the victim’s sexual orientation.

At the May 3 court hearing Judge Lynn Leibovitz, who is presiding over the case, ruled against attorney Judkins’ motion to overturn the jury conviction. Leibovitz said the injuries the victim sustained in the attack by Duncan did, in fact, meet the requirements of a charge of Assault Causing Significant Bodily Injury.

Under D.C. law, a conviction on that charge carries a possible maximum sentence of three years in prison and or a fine of up to $12,500.

Before announcing her ruling the judge read from a medical report and a police report that said the victim had to be hospitalized by ambulance after police arrived on the scene of the assault at the intersection of 15th and V Streets, N.W., for uncontrolled bleeding from his nose. The police report says Duncan allegedly punched the victim multiple times in the head and face while holding a metal object in his hand.

The police report says Duncan also made a video of his attack on the victim with his cell phone, which police investigators later watched. One of the police incident reports says Duncan can be heard yelling the word “fag” and “faggot” on the recording he made while assaulting the victim.

One of the police reports also says the victim had been wearing a Stonewall Bocce T-shirt as a member of the local LGBTQ Stonewall sports group. Some LGBTQ activists have speculated that Duncan may have recognized that the victim was wearing a gay-themed T-shirt, prompting him to target the victim for the attack.

After Leibovitz announced her ruling denying the request to overturn Duncan’s conviction, attorney Judkins raised objections to what she said appeared to be incorrect statements in a Presentence Investigation Report on Duncan’s prior criminal record prepared by the Superior Court’s investigations branch.

Among other things, the report says Duncan has been arrested “on 12 occasions and convicted in 8 matters,” with his first known arrest taking place when he was 17 years old.

Leibovitz noted that since a sentencing takes into consideration a defendant’s criminal record, she would give Judkins more time to substantiate Duncan’s claim of possible inaccuracies in the pre-sentence report and would give prosecutors with the Office of the United States Attorney for the District of Columbia time to respond to those claims.

Based on that, Leibovitz announced she would postpone her sentencing of Duncan, which was scheduled to take place at the May 3 hearing, until 10 a.m. on May 9.
In its Government’s Memorandum In Aid Of Sentencing, which was filed in court on April 28, the U.S. Attorney’s office says that under legal precedent it is allowed to raise the issue of Duncan’s anti-gay slurs during the attack even though he was acquitted on a hate crime charge.

“In this case, the defendant – unprovoked – violently attacked the victim in broad daylight, all while calling him homophobic slurs and filming himself doing so,” the U.S. Attorney’s sentencing memo says. “The victim tried to walk away from the defendant in order to de-escalate the situation, but despite the victim’s efforts, the defendant pursued the victim and attacked him,” the memo says.

The U.S. Attorney’s sentencing memo states that it “respectfully requests that the court sentence the defendant to 24 months’ incarceration, execution suspended as to all but 18 months, with 12 months’ supervised probation.” It adds, “The government believes that this sentence will act as a strong deterrent to future criminal conduct.”

The memo also points to one of the claims in the court’s Presentence Investigation Report that Duncan “refuses to take responsibility for his homophobic actions” and “lacks remorse and is unwilling to change.” The presentence report, according to the U.S. Attorney’s sentencing memo, also says Duncan “does not take responsibility for his actions in this case and in fact he blamed the victim.”

Although it doesn’t say so directly, the sentencing memo appears to be referring to one of the police reports that quoted Duncan as saying at the time of his arrest that the victim provoked the incident when the victim “grabbed” his own “nuts” as the two men crossed paths on the street. The victim has denied he made such a sexual gesture toward Duncan.

Attorney Judkins, who represents Duncan, declined a request by the Washington Blade for comment responding to the assertions in the U.S. Attorney’s sentencing memo and to elaborate on Duncan’s claims that the court’s presentencing report has inaccurate information in it.

Court records show that the D.C. Advisory Neighborhood Commission Rainbow Caucus, which represents LGBTQ ANC members, and the D.C. Center for the LGBT Community each submitted a community impact statement with the court for the consideration of Judge Leibovitz in her deliberation over handing down a sentence for Duncan on May 9.

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District of Columbia

How Pepper the courthouse dog helps victims of abuse

Reshaping how the legal system balances compassion with procedure

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Abby Stavitsky and Pepper (Courtesy photo)

Deborah Kelly’s blind husband, Alton, was dragged for blocks to his death by a hit-and-run driver who had already plowed into her on Alabama Ave., S.E., in June 2024. 

But her trauma had only just begun. It took 10 months before the driver, Kenneth Trice, Jr., was arrested, and another six months before he was sentenced to just six months behind bars.  

As she heaved and sobbed in the courtroom in November, Kelly had a steady four-legged presence by her side: Pepper the Courthouse Dog, as the black Labrador retriever is known in D.C. Superior Court.

Abby Stavitsky, a former federal prosecutor who now serves as a victims’ advocate, is the owner and handler of nine-year-old Pepper. She says that one of the things that has made Pepper such a great asset in the court in the past six years is the emotional support and comfort she provides to victims.  

“She absorbs all of the feelings and the emotions around her, but she’s very good at handling it,” Stavitsky said. 

Pepper and Stavitsky started working in Magistrate Judge Mary Grace Rook’s courtroom — and now works in Magistrate Judge Janet Albert’s — to provide support for youth who suffer trauma, especially young survivors of commercial sexual exploitation.

These specially trained dogs offer emotional support to trauma victims of all ages. Courthouse dogs can reduce victims’ and witnesses’ anxiety and stress, making it easier for them to provide clear statements in the courtroom, according to a 2019 report in the Criminal Justice Review. 

“Having something to pet and interact with is a distraction that results in victims being calmer when testifying in court,” says Stavitsky. “This gives them an extra level of comfort.” 

What brought Stavitsky and Pepper together

Stavitsky, who spent 25 years as an assistant U.S attorney, handled a lot of victim-based crimes, mostly domestic violence and sex offenses. She was also a dog lover, and once she learned about courthouse dogs and their use, she was inspired.

In 2019, Pepper was given to Stavitsky by a Massachusetts-based organization, NEADS, formerly known as the National Education for Assistance Dog Services. Although Pepper was originally trained to be a service dog, evaluators determined her character was best suited for a courthouse dog.

Pepper now works regularly in various treatment court cases involving juveniles, many of whom have experienced trauma or are involved in the child welfare system. She also sits with victims while they are testifying in a trial.

“She loves people, especially children,” Stavitsky said. “She loves that interaction.”

Courthouse dogs have a long history 

In courthouses across the U.S. specially trained “facility dogs” are becoming an important part of how the justice system supports vulnerable victims and witnesses.

Since the late 1980s, these dogs were used to help trauma survivors and anxious children during testimonies and interviews. The first dog to make an appearance in a courtroom was Sheba, a German shepherd who assisted child sexual abuse victims in the Queens (N.Y.) District Attorney’s Office. Courthouse dogs help them communicate more clearly, especially in these settings that make them anxious and stressed.

Unlike service dogs, courthouse facility dogs are professionally trained through accredited assistance dog organizations and work daily alongside prosecutors, victim advocates, and forensic interviewers. For example, courthouse dogs can have more social interaction, unlike service dogs.

Courthouse dogs’ growing use has prompted state laws and professional guidelines to recognize the dogs as a trauma-informed tool that helps victims participate in the justice process without compromising courtroom fairness.

As more jurisdictions adopt these programs, courthouse dogs are reshaping how the legal system balances compassion with procedure, ensuring that victims’ voices can be heard in environments that might otherwise silence them.

Pepper makes it easy to see why. 

“I really love people, especially kids, and can provide emotional support and comfort during all stages of the court process,” reads the business card Stavitsky hands out with Pepper’s picture. “I’m calm, quiet and can stay in place for several hours.” 

(This article was written by a student in the journalism program at Bard High School Early College DC. This work is part of a partnership between the Washington Blade Foundation and Youthcast Media Group, funded through the FY26 Community Development Grant from the Office of D.C. Mayor Muriel Bowser.)

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District of Columbia

How new barriers to health care coverage are hitting D.C.

Federally qualified health centers bracing for influx of newly uninsured patients

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Erin Loubier, vice president for access and strategic initiatives at Whitman-Walker Health. (Courtesy photo)

Washington, D.C. has the second-lowest rate of people who lack health insurance in the country, but many residents are facing new barriers to health care due to provisions of the sweeping federal law passed in July, which threatens access for thousands. 

Changes to insurance eligibility and the rising cost of premiums, which kicked in for some in October and others more recently, are expected to leave many more patients uninsured or unable to afford medical care. Federally qualified health centers, including D.C.’s Whitman-Walker Health, where 10 to 12 percent of patients are uninsured, are bracing for an influx of newly uninsured patients while facing their own financial challenges. 

Even in D.C., where uninsured rates have been among the lowest in the country, changes brought on by the passage of the Republican mega bill (known as the “Big Beautiful Bill”) will have major effects. 

The changes from the bill affect Medicaid, which is free to low-income patients, and subsidies for insurance that people buy on the health insurance exchanges that were started under the Affordable Care Act, which were allowed to expire on Dec. 31. 

Erin Loubier, vice president for access and strategic initiatives at Whitman-Walker Health, says some Whitman-Walker Health patients have received notices about premium increases, including several who say the increases are up to 1,000 percent more than they were paying. 

“That is like paying rent,” she says. “We live in an expensive city, so any increases are going to be really, really hard on people.”

Whitman-Walker Health and other healthcare providers are expecting the changes to have multiple effects — some patients may not be able to afford coverage or may avoid going to the doctor and allow health conditions to worsen because they can’t afford care, and many more will be seeking care who don’t have insurance. 

“I’m worried that we’re going to not just have people who can’t get care, but that they delay care until they’re really sick, and then the care is not as effective because they might have waited too long, and then we may have a less healthy population,” Loubier says.

Loubier says delaying care, and serving more people without insurance has major implications for Whitman-Walker Health and other health centers serving the community.

“There’s going to be a lot of pressure on us to try to find and raise more money, and that’s going to be harder, because I think all organizations who provide health care are going to be facing this,” she says. 

The U.S. health care system is the most expensive in the world, and has much higher out-of-pocket costs for individuals. But in other countries like the United Kingdom, Australia, Canada, and many others, health care is much less expensive — or even free.

Even though the U.S. has a high-priced healthcare system, critics say there are still ways to bring down costs by forcing insurance and pharmaceutical companies to absorb more of the costs, rather than transferring the costs to patients.

“In the U.S., they end up trying to cut costs at the person’s level, not at the level of the different corporations or structures that are making a lot of money in healthcare,” said Loubier. “Our system is so complicated and there is probably waste in it, but I don’t think that that cost and waste is at the ‘people’ level. I think it’s higher up at the system level, but that is much, much harder to get people to try to make cuts at that end.”

Ultimately at Whitman-Walker Health, healthcare providers and insurance navigators are planning to help with everyday necessities when it comes to healthcare coverage and striving to provide healthcare in partnership with patients, said Loubier.

“The key here is we’re going to have a lot of people who may lose insurance, and they’re going to rely on places like Whitman-Walker Health and other community health centers, so we have to figure out how we keep providing that care,” she said. 

(This article was written by a student in the journalism program at Bard High School Early College DC. This work is part of a partnership between the Washington Blade Foundation and Youthcast Media Group, funded through the FY26 Community Development Grant from the Office of D.C. Mayor Muriel Bowser.)

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District of Columbia

Mayor Bowser signs bill requiring insurers to cover PrEP

‘This is a win in the fight against HIV/AIDS’

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D.C. Mayor Muriel Bowser (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser on March 20 signed a bill approved by the D.C. Council that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

Like all legislation approved by the Council and signed by the mayor, the bill, called the PrEP D.C. Amendment Act, was sent to Capitol Hill for a required 30-day congressional review period before it takes effect as D.C. law.

Gay D.C. Council member Zachary Parker (D-Ward 5) last year introduced the bill.

Insurance coverage for PrEP drugs has been provided through coverage standards included in the Affordable Care Act, known as Obamacare. But AIDS advocacy organizations have called on states and D.C. to pass their own legislation requiring insurance coverage of PrEP as a safeguard in case federal policies are weakened or removed by the Trump administration, which has already reduced federal funding for HIV/AIDS-related programs.

Like legislation passed by other states, the PrEP D.C. Amendment Act requires insurers to cover all PrEP drugs approved by the U.S. Food and Drug Administration.

Studies have shown that PrEP drugs, which can be taken as pills or by injection just twice a year, are highly effective in preventing HIV infection.

“I think this is a win for our community,” Parker said after the D.C. Council voted unanimously to approve the bill on its first vote on the measure in February. “And this is a win in the fight against HIV/AIDS.”  

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