Connect with us

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’

Published

on

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.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

District of Columbia

New D.C. LGBTQ+ bar Crush set to open April 19

An ‘all-inclusive entertainment haven,’ with dance floor, roof deck

Published

on

Crush (Washington Blade photo by Michael Key)

D.C.’s newest LGBTQ+ bar called Crush is scheduled to open for business at 4 p.m. on Friday, April 19, in a spacious, two-story building with a dance floor and roof deck at 2007 14th St., N.W. in one of the city’s bustling nightlife areas.

A statement released by co-owners Stephen Rutgers and Mark Rutstein earlier this year says the new bar will provide an atmosphere that blends “nostalgia with contemporary nightlife” in a building that was home to a popular music store and radio supply shop.

Rutgers said the opening comes one day after Crush received final approval of its liquor license that was transferred from the Owl Room, a bar that operated in the same building before closing Dec. 31 of last year. The official opening also comes three days after Crush hosted a pre-opening reception for family, friends, and community members on Tuesday, April 16.

Among those attending, Rutgers said, were officials with several prominent local LGBTQ organizations, including officials with the DC Center for the LGBTQ Community, which is located across the street from Crush in the city’s Reeves Center municipal building. Also attending were Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, and Salah Czapary, director of the Mayor’s Office of Nightlife and Culture.  

Rutgers said Crush plans to hold a grand opening event in a few weeks after he, Rutstein and the bar’s employees become settled into their newly opened operations.

“Step into a venue where inclusivity isn’t just a promise but a vibrant reality,” a statement posted on the Crush website says. “Imagine an all-inclusive entertainment haven where diversity isn’t just celebrated, it’s embraced as the very heartbeat of our venue,” the statement says. “Welcome to a place where love knows no bounds, and the only color or preference that matters is the vibrant tapestry of humanity itself. Welcome to Crush.”

The website says Crush will be open Tuesdays and Wednesdays from 4 p.m. to 12 a.m., Thursdays from 4 p.m. to 2 a.m., Fridays from 4 p.m. to 3 a.m., Saturdays from 2 p.m. to 3 a.m., and Sundays from 2 p.m. to 12 a.m. It will be closed on Mondays.

Crush is located less than two blocks from the U Street Metro station.

Continue Reading

District of Columbia

Reenactment of first gay rights picket at White House draws interest of tourists

LGBTQ activists carry signs from historic 1965 protest

Published

on

About 30 LGBTQ activists formed a picket line in front of the White House April 17. (Washington Blade photo by Michael Key)

About 30 LGBTQ activists formed a circular picket line in front of the White House Wednesday afternoon, April 17, carrying signs calling for an end to discrimination against “homosexuals” in a reenactment of the first gay rights protest at the White House that took place 59 years earlier on April 17, 1965.

Crowds of tourists looked on with interest as the activists walked back and forth in silence in front of the White House fence on Pennsylvania Avenue. Like the 1965 event, several of the men were dressed in suits and ties and the women in dresses in keeping with a 1960s era dress code policy for protests of the Mattachine Society of Washington, D.C., the city’s first gay rights group that organized the 1965 event.

Wednesday’s reenactment was organized by D.C.’s Rainbow History Project, which made it clear that the event was not intended as a protest against President Joe Biden and his administration, which the group praised as a strong supporter of LGBTQ rights.

“I think this was an amazing event,” said Vincent Slatt, the Rainbow History Project official who led efforts to put on the event. “We had twice as many that we had hoped for that came today,” he said.

“It was so great to see a reenactment and so great to see how far we’ve come,” Slatt said. “And also, the acknowledgement of what else we still need to do.”

Slatt said participants in the event who were not carrying picket signs handed out literature explaining the purpose of the event.

A flier handed out by participants noted that among the demands of the protesters at the 1965 event were to end the ban on homosexuals from working in the federal government, an end to the ban on gays serving in the military, an end to the denial of security clearances for gays, and an end of the government’s refusal to meet with the LGBTQ community. 

“The other thing that I think is really, really moving is some of the gay staff inside the White House found out this was happening and came out to greet us,” Slatt said. He noted that this highlighted how much has changed since 1965, when then President Lyndon Johnson’s White House refused to respond to a letter sent to Johnson from the Mattachine Society explaining its grievances. 

“So now to have gay people in the White House coming out to give us their respects and to say hello was especially meaningful to us,” Slatt said. “That was not expected today.”

Among those walking the picket line was longtime D.C. LGBTQ rights advocate Paul Kuntzler, who is the only known surviving person who was among the White House picketers at the April 1965 event. Kuntzler said he proudly carried a newly printed version of the sign at Wednesday’s reenactment event that he carried during the 1965 protest. It stated, “Fifteen Million Homosexuals Protest Federal Treatment.”  

Also participating in the event was Japer Bowles, director of D.C. Mayor Muriel Bowser’s Office of LGBTQ Affairs. Bowles presented Slatt with a proclamation issued by Bowser declaring April 17, 2024, Mattachine Society Day in Washington, D.C.

“Whereas, on April 17, 1965, the Mattachine Society of Washington courageously held the nation’s inaugural picket for gay rights, a seminal moment in the ongoing struggle for LGBTQIA+ equality in the United States, marking the genesis of public demonstrations advocating for those rights and paving the way for Pride Marches and Pride celebrations worldwide,” the proclamation states.

About 30 minutes after the reenactment event began, uniformed Secret Service agents informed Slatt that due to a security issue the picketers would have to move off the sidewalk in front of the White House and resume the picketing across the street on the sidewalk in front of Lafayette Park. When asked by the Washington Blade what the security issue was about, one of the Secret Service officers said he did not have any further details other than that his superiors informed him that the White House sidewalk would have to be temporarily cleared of all people.

Participants in the event quickly resumed their picket line on the sidewalk in front of Lafayette Park for another 30 minutes or so in keeping with the 1965 picketing event, which lasted for one hour, from 4:20 p.m. to 5:20 p.m., according to Rainbow  History Project’s research into the 1965 event.

Although the LGBTQ picketers continued their procession in silence, a separate protest in Lafayette Park a short distance from the LGBTQ picketers included speakers shouting through amplified speakers. The protest was against the government of Saudi Arabia and organized by a Muslim group called Al Baqee Organization.

A statement released by the Rainbow History Project says the reenactment event, among other things, was a tribute to D.C.-area lesbian rights advocate Lilli Vincenz, who participated in the 1965 White House picketing, and D.C. gay rights pioneer Frank Kameny, who founded the Mattachine Society of Washington in the early 1960s and was the lead organizer of the 1965 White House protest. Kameny died in 2011 and Vincenz died in 2023.

The picket signs carried by participants in the reenactment event, which were reproduced from the 1965 event, had these messages:

• “DISCRIMINATION Against Homosexuals is as immoral as Discrimination Against Negroes and Jews;”

• “Government Should Combat Prejudice NOT PROMOTE IT”

• “White House Refuses Replies to Our Letters, AFRAID OF US?

• “HOMOSEXUALS Died for their Country, Too”

• “First Class Citizenship for HOMOSEXUALS”

• “Sexual Preference is Irrelevant to Employment”

• “Fifteen Million U.S. Homosexuals Protest Federal Treatment”

Continue Reading

District of Columbia

Organizers announce details for D.C. Black Pride 2024

Most events to take place Memorial Day weekend at Westin Downtown

Published

on

Black Pride 2024 details were announced this week. (Washington Blade file photo by Michael Key)

The Center for Black Equity, the organizer of D.C. Black Pride, the nation’s first and one of the largest annual African-American LGBTQ Pride celebrations, announced this year’s event will take place Memorial Day Weekend from May 24-27.

The announcement, released April 16, says that most 2024 D.C. Black Pride events will take place at the Westin Washington, D.C. Downtown Hotel at 999 9th St, N.W.

“With the theme Black Pride Forever, the event promises a weekend filled with vibrant celebrations, empowering workshops, and a deep exploration of Black LGBTQIA+ history and culture,” the announcement says.

It says events will include as in past years a “Rainbow Row” vendor expo at the hotel featuring “organizations and vendors created for and by the LGBTQIA+ community” offering products and services “that celebrate Black excellence.”

According to the announcement, other events include a Health and Wellness Festival that will offer workshops, demonstrations, and activities focused on “holistic well-being;” a Mary Bowman Poetry Slam “showcasing the power and beauty of spoken word by Black LGBTQIA+ artists;” the Black Pride Through the Decades Party, that will celebrate the “rich history of the Black LGBTQIA+ movement;” and an Empowerment Through Knowledge series of workshops that “delve into various topics relevant to the Black LGBTQIA+ community.”

Also, as in past years, this year’s D.C. Black Pride will feature its “Opening Night Extravaganza” reception and party that will include entertainment and live performances.

The announcement notes that D.C.’s annual Black Pride celebration, started in 1991 as a one-day outdoor event at Howard University’s Banneker Field, has inspired annual Black LGBTQ Pride events across the United States and in Canada, United Kingdom, Brazil, Africa, and the Caribbean. More than 300,000 people attend Black LGBTQ Pride events each year worldwide, the announcement says.

Full details, including the official schedule of events, can be accessed at dcblackpride.org.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular