District of Columbia
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’
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.
District of Columbia
Bowser appoints first nonbinary person to Cabinet-level position
Peter Stephan named Office of Disability Rights interim director
D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.
The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.
“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.
The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.
The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.
Stephan couldn’t immediately be reached for comment.
“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.
“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel.
District of Columbia
Capital Stonewall Democrats set to celebrate 50th anniversary
Mayor Bowser expected to attend March 20 event
D.C. Mayor Muriel Bowser, members of the D.C. Council, and local and national Democratic Party officials are expected to join more than 150 LGBTQ advocates and supporters on March 20 for the 50th anniversary celebration of the city’s Capital Stonewall Democrats.
A statement released by the organization says the event is scheduled to be held at the Pepco Edison Place Gallery building at 702 8th St., N.W. in D.C.
“The evening will honor the people who built Capital Stonewall Democrats across five decades – activists who fought for rights when the odds were against them, public servants who opened doors and refused to let them close, and a new generation of leaders ready to carry the work forward,” the statement says.
Founded in 1976 as the Gertrude Stein Democratic Club, the organization’s members voted in 2021 to change its name to the Capital Stonewall Democrats.
Among those planning to attend the anniversary event is longtime D.C. gay Democratic activist Paul Kuntzler, 84, who is one of the two co-founders of the then-Gertrude Stein Democratic Club. Kuntzler told the Washington Blade that he and co-founder Richard Maulsby were joined by about a dozen others in the living room of his Southwest D.C. home at the group’s founding meeting in January 1976.
He said that among the reasons for forming a local LGBTQ Democratic group at the time was to arrange for a then “gay” presence at the 1976 Democratic National Convention, at which Jimmy Carter won the Democratic nomination for U.S. president and later won election as president.
Maulsby, who served as the Stein Club president for its first three years and who now lives in Sarasota, Fla., said he would not be attending the March 20 anniversary event, but he fully supports the organization’s continuing work as an LGBTQ organization associated with the Democratic Party.
Steven McCarty, Capital Stonewall Democrats’ current president, said in the statement that the anniversary celebration will highlight the organization’s work since the time of its founding.
“Capital Stonewall Democrats has been fighting for LGBTQ+ political power in this city for 50 years, electing people, training organizers, holding this community together through some really hard moments,” he said. “And right now, with everything going on, that work has never mattered more. This gala is the first moment of our next chapter, and I want the community to be a part of it.”
The statement says among the special guests attending the event will be Democratic National Committee Vice Chair Malcolm Kenyatta, who became the first openly gay LGBTQ person of color to win election to the Pennsylvania General Assembly in 2018.
Other guests of honor, according to the statement, include Mayor Bowser; D.C. Council member Zachary Parker (D-Ward 5, the Council’s only gay member; D.C. Council member Anita Bonds (D-At-Large); Earl Fowlkes, founder of the International Federation of Black Prides; Vita Rangel, a transgender woman who serves as Deputy Director of the D.C. Mayor’s Office of Talent and Appointments; Heidi Ellis, director of the D.C. LGBTQ Budget Coalition; Rayceen Pendarvis, longtime D.C. LGBTQ civic activist; and Phillip Pannell, longtime D.C. LGBTQ Democratic activist and Ward 8 civic activist.
Information about ticket availability for the Capital Stonewall Democrats anniversary gala can be accessed here: capitalstonewalldemocrats.com/50th
District of Columbia
Owner of D.C. gay bar Green Lantern John Colameco dies at 79
Beloved businessman preferred to stay ‘behind the scenes’
John Colameco, owner of the popular D.C. gay bar Green Lantern, has died, according to a March 7 announcement posted on the bar’s website and Instagram account. The announcement didn’t provide a date of his passing or a cause of death.
Green Lantern manager Howard Hicks said Colameco was 79 at the time of his passing.
“It is with great sadness that Green Lantern announces the death of our beloved owner, John Colameco,” the announcement says. “Most of our patrons might have heard John’s name, but might not have known his face,” it says.
“He was a ‘behind-the-scenes’ kind of guy who avoided the limelight,” the announcement continues. “He preferred to stay in the back of the house with staff and team ensuring everything was running smoothly so that everyone out front was having a good time.”
The announcement adds, “As a veteran and businessman, John wasn’t a member of the LGBTQ + community, but he was one of the best damn allies our community has ever had.”
It says he “long provided spaces for the queer community to come together” since the 1990s when he owned and operated a popular restaurant on 17th Street, N.W. called Peppers.
According to the announcement, Colameco and his then business partner Greg Zehnacker opened the Green Lantern in 2001 in an alley off of 14th Street, N.W., between Thomas Circle and L Street, N.W.
The announcement points out that the Green Lantern first opened in the same location in the early 1990s before it later closed when the original owners decided to purchase and open other bars, one of which was the gay bar Fireplace near Dupont Circle. Colameco and Zehnacker were able to reopen the bar with the Green Lantern name.
“When Greg died unexpectedly in February 2014, John remained steadfastly committed to carrying on their vision and ensuring that Green Lantern remained part of the fabric of D.C.’s queer community,” the announcement says.
“Over the years, through Green Lantern, John has provided support to many community organizations, most notably Stonewall Sports, the Gay Men’s chorus of Washington, and ONYX Mid-Atlantic with Green Lantern serving as a gathering hub for their activities,” it states.
The announcement adds that Colameco’s family was planning a memorial for him in his hometown of Philadelphia.
“His Green Lantern family will celebrate his life by operating the bar as usual and we encourage you to stop by and join us,” it says. “Community coming together and having a good time – it’s exactly what John would want.”
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