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D.C. man convicted of assaulting gay man sentenced to 18 months

Judge rejects defense claim that victim provoked attack near Logan Circle

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(Bigstock photo)

A D.C. Superior Court judge on Tuesday handed down a sentence of 18 months of incarceration for a man convicted of Assault with Significant Bodily Injury for fracturing the nose and breaking several teeth of a gay man while shouting anti-gay slurs during a May 2022 attack near Logan Circle.

Judge Lynn Leibovitz also sentenced the man charged in the case, D.C. resident Anthony Duncan, 42, to three years of supervised release after he completes his prison term and ordered him to pay a fine of $100 for the Victim of Violent Crime Compensation Act program. 

Court records show Leibovitz gave Duncan until May 9, 2025, to pay the fine.

The sentencing took place two and a half months after a Superior Court jury on Feb. 27, at the conclusion of Duncanā€™s trial, found him guilty of the assault charge but not guilty of committing the assault as a hate crime based on the victimā€™s sexual orientation.

During the May 9 sentencing hearing, Assistant U.S. Attorney Jared English, the lead prosecutor in the case, pointed to charging documents alleging that the attack against the victim was unprovoked and was clearly linked to Duncanā€™s display of hatred toward the victim based on his perceived sexual orientation. 

In a written sentencing memorandum that English filed in court, the prosecutor pointed out that under legal precedent, the judge could still take into consideration Duncanā€™s homophobic action in considering the sentence, even though a jury acquitted him on the charge of committing a hate crime. 

An arrest affidavit filed by police and prosecutors at the time of Duncanā€™s arrest says the victim ā€œwas wearing a Stonewall Bocce shirt, which is a well-known LGBTQ sports leagueā€ at the time Duncan allegedly confronted him as 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 May 21, 2022.

Charging documents say Duncan allegedly punched the victim in the face and head, fracturing the victimā€™s nose in several places and breaking three of the victim’s teeth while shouting the words ā€œfagā€ and ā€œfaggot.ā€ He was taken by ambulance to a hospital for emergency treatment, court records show. 

Quo Mieko Judkins, Duncanā€™s attorney, argued during the sentencing hearing that Duncan became angry during the incident, which she says Duncan believes was a fight, when the victim allegedly touched himself in a way that Duncan interpreted as a provocation.

Police charging documents quote Duncan as claiming at the time of his arrest that the victim ā€œgrabbed his nuts at me,ā€ which police interpreted to mean he accused the victim of making a sexual gesture toward him. 

The charging documents say the victim strongly disputed that assertion, saying he attempted to walk away from Duncan after Duncan began calling him a ā€œfaggotā€ and punched him in the back of his head. 

In a development that LGBTQ activists have said further confirmed Duncanā€™s hostile motive, the charging documents say Duncan used his phone to make a video recording of his assault of the victim, which police obtained and used as evidence. One of the charging documents says Duncan can be heard on the recording yelling the word ā€œfagā€ as he assaulted the victim. Ā Ā Ā 

Judkins asked Leibovitz to hand down a sentence that did not include incarceration or a sentence of 180 days at most. She said Duncan had a troubled childhood that led to some earlier convictions, as English pointed out, but that since the time of his arrest in this case he has started his own business with a working website. He is productive in his community, Judkins said.

ā€œThe defendant was offended by a gesture of the complainant,ā€ Judkins told the judge. ā€œThis was not completely unprovoked,ā€ she said. ā€œThere was something that set this off. Iā€™m not saying this was right,ā€ Judkins argued.

Leibovitz disputed that argument before handing down her sentence. She said it was ā€œnot reasonableā€ for Duncan to have punched the victim with a metal object in his hand, referring to charging documents that said Duncan was holding a metal object at the time of the attack.

ā€œHe made angry, homophobic statements,ā€ Leibovitz said, adding that the victim may have adjusted his pants in the area of his private parts, but that did not justify Duncan committing an assault. 

ā€œThis was unprovoked,ā€ Leibovitz said.

Duncan had been released pending his trial and sentencing shortly after the time he was arrested.

Immediately after Leibovitz handed down her sentence of 18 months incarceration at Tuesday’s sentencing hearing, two U.S. Marshals placed Duncan in handcuffs and escorted him out of the courtroom as his sentence was to begin at that time.

Before handing down her sentence, Leibovitz said she had read a community impact statement submitted by the victim, who did not attend the sentencing hearing, and an impact statement by at least one LGBTQ organization, the D.C. Advisory Neighborhood Commissionsā€™ Rainbow Caucus, which consists of LGBTQ ANC commissioners.

ā€œThe effect this case has had on the LGBT community in the District of Columbia cannot be understated ā€” rising violence scares all Washingtonians, but attacks against LGBT individuals scares other LGBT people even more so,ā€ the Rainbow Caucus impact statement says.

ā€œIn this particular case, the assailant recorded his crime for future purposes ā€” including possibly celebrating it publicly and taunting and terrorizing other gay people,ā€ the statement continues.

ā€œYour Honor, calling someone homophobic slurs is one thing and it is something that all LGBT individuals experience,ā€ the statement says, adding that going on to break the victimā€™s nose and three of his teeth ā€œtakes this crime to an entirely new and terrifying level for our community.ā€

It calls on Leibovitz to ā€œtake the fears of the broader LGBT community into account in sentencing and acknowledging this attackā€™s impact not just on the victim, but on his entire community.ā€

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District of Columbia

Whitman-Walker names new CEO for Health System unit

Heather Aaron credited with advancing LGBTQ health for seniors

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Heather Aaron (Photo courtesy Whitman-Walker)

Whitman-Walker Health, D.C.ā€™s longtime LGBTQ and HIV health services provider, announced on March 26 that it has appointed Heather Aaron, a health care educator and executive for more than 30 years, as the new CEO for Whitman-Walker Health System.

Whitman-Walker Health System, a division of Whitman-Walker, among other things, advances the mission of Whitman-Walker through expanding its financial and fundraising capacity through the Whitman-Walker Foundation; the Whitman-Walker Institute, which conducts HIV-related research; and the Whitman-Walker Health System Real Property Holdings, according to a write-up on the Whitman-Walker website.

In a press release announcing the appointment, Whitman-Walker Health System Board Chair Ann Bonham called Aaron a ā€œdynamic and collaborative leader that will help us to realize the vision and full potential of our health system ā€¦ building revenue and growth opportunities that will further Whitman-Walkerā€™s care, advocacy, education, and research goals in partnership with Naseema Shafi, CEO of Whitman-Walker Health.ā€

The Whitman-Walker Health System CEO position became open in April 2023 when former Health System CEO Dr. Ryan Moran left the position to become Deputy Secretary of Health and Healthcare Finance for the State of Maryland. Whitman-Walker named Cindy Lewin, a healthcare specialist with nonprofit organizations, as interim CEO while it conducted a national search for a permanent CEO.

ā€œHeather has spent her entire career in health care, making a difference for the communities where she has served as Health Care Executive and Educator for more than thirty years,ā€ the Whitman-Walker announcement of her appointment says. ā€œShe has worked tirelessly to develop diversity, equity, and inclusion in all her work,ā€ it says, adding that her work experience includes services for members of the LGBTQ community and people with HIV/AIDS.

ā€œIn Connecticut, she operated the only continuum of care model which included a nursing home, independent living apartments and case management in one centralized community,ā€ the announcement continues. ā€œThe care model was specifically designed for people living with HIV and AIDS,ā€ it says. 

ā€œIā€™m thrilled to be joining the Whitman-Walker family in service to the community,ā€ Aaron said in the announcement press release. ā€œI look forward to getting to know staff, patients, and engaging with D.C. in a meaningful way,ā€ she said. 

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District of Columbia

Howard University, Gilead working to encourage HIV prevention

ā€˜A strategic, community-centered approach to address systemic disparitiesā€™

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Howard University earlier this month hosted an event to support efforts in the Washington, D.C. area to spread HIV/AIDS awareness.

The event highlighted a collaboration between Howard University and Gilead Sciences’ new Setting the P.A.C.EĀ  (Prevention ā€“ Arts and Advocacy ā€“ Community ā€“ Education)Ā  initiative, which addresses HIV prevention, health equity and anti-stigma efforts for both cisgender and transgender Black women and girls.Ā 

ā€œBy taking a strategic, community-centered approach to address systemic disparities and improve overall health outcomes, Gilead continues its commitment to advancing health equity for Black cisgender and transgender women and girls in the U.S. who continue to be disproportionately impacted by the HIV epidemic,ā€ said Deborah H. Telman, executive vice president of Corporate Affairs and General Counsel, Gilead Sciences. 

Gilead’s Setting the P.A.C.E. Initiative is a three-year, $10 million commitment to increase HIV prevention, anti-stigma and health equity efforts for Black cisgender and transgender women and girls in the United States. Howard is one of Setting the P.A.C.E.ā€™s grantees and through the program, it conducts HIV prevention training and informational resources, arts and advocacy, community and nonprofit capacity building, and education.

In 2021, Black women accounted for 53% of new HIV diagnoses among women aged 16 and older in the United States, despite comprising only 14% of the women living in the country, according to the Centers for Diseases Control & Prevention. Additionally, Black transgender women are likelier to be diagnosed with HIV and are likelier, more than their peers, to go undiagnosed and untreated. 

Through Setting the P.A.C.E., high-impact organizations and projects working to improve the HIV landscape receive specialized help that assists them in tackling barriers to equitable HIV health outcomes, and in receiving funding to support a variety of impactful projects to expand programs that provide culturally responsive HIV care training and leverage arts and media to engage local communities and address stigma. 

Because of the urgency of HIV awareness in the Black queer community, more than 75% of the organizations selected for P.A.C.E grants are led by Black women. Funding is directed toward initiatives spearheaded by Black women.

ā€œGileadā€™s Setting the P.A.C.E. initiative will help empower organizations to expand custom programs tailored toward fighting stigma and expanding access to HIV care in their communities,ā€ said Telman. 

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District of Columbia

D.C. Council member proposes LGBTQ senior housing in Ward 2

Calls on mayor to include funding for project in FY 2025 budget

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D.C. Council member Brooke Pinto (D-Ward 2) seeks to establish the cityā€™s ā€˜first affordable housing for LGBTQQIA+ seniors in Ward 2.ā€™

D.C. Council member Brooke Pinto (D-Ward 2) is calling on Mayor Muriel Bowser to include $22.9 million in the cityā€™s Fiscal Year 2025 budget to establish what Pinto calls the cityā€™s ā€œfirst affordable housing for LGBTQQIA+ seniors in Ward 2.ā€

In a Feb. 27 letter to Bowser proposing specific amounts of city funding on a wide range of issues, including the Councilā€™s recently passed crime bill, Pinto told Bowser the need for affordable housing for LGBTQ seniors is pressing.

ā€œHaving faced decades of workplace and healthcare discrimination and been barred for most of their lives from marrying or having children, our LGBTQQIA+ seniors are more likely to face financial and health challenges and need housing and social supports as they age,ā€ Pinto states in her letter.

ā€œAs the Council-funded task force meets to identify a site for a Ward 2 Senior Center, we should endeavor to locate a building that serves a dual purpose: a Ward 2 Senior Center as well as LGBTQQIA+ senior housing,ā€ Pinto states. DHCD [D.C. Department of Housing and Community Development] should leverage federal Community Development Block Grants funding to produce at least 80 affordable units for low-and-moderate-income seniors and provide meals and other supportive services,ā€ she wrote.

Pinto was referring to legislation passed by the D.C. Council and signed by the mayor creating a Wards 2 and 3 Senior Wellness Center Feasibility and Planning Task Force, which is assigned to ā€œadvise and guideā€ the mayor, the Council, and other city government agencies in the development of  senior wellness centers in Wards 2 and 3.

The task force, whose members are appointed by the mayor and the Council, has already met twice and has discussed one possible building in the Dupont Circle area that could be considered for a seniors wellness center and residence for seniors, according to John Fanning, a member of the staff of D.C. Council member Anita Bonds (D-At-Large). Bonds serves as chair of the Councilā€™s Committee on Executive Administration and Labor, which oversees city programs pertaining to senior citizens.

Fanning, who is gay and a longtime D.C. LGBTQ rights advocate, and gay D.C. civic activist and former Dupont Circle Advisory Neighborhood Commissioner Mike Silverstein, are among those who have been appointed to the senior wellness center task force.

Silverstein said LGBTQ community members in the Dupont Circle area are suggesting the task force and the mayor consider arranging for the city to purchase a building owned by Baltimoreā€™s Johns Hopkins University at 1740 Massachusetts Ave., N.W., for the senior facility.

The university used the building for many years for its various educational programs before it moved its programs and offices into a newly renovated building on Pennsylvania Avenue, N.W., near the U.S. Capitol.

ā€œSince the mayorā€™s budget hasnā€™t been released yet, thereā€™s no telling whether thereā€™s dedicated funding included for the purchase of this property,ā€ Fanning told the Washington Blade.

A spokesperson for Johns Hopkins Universityā€™s D.C. office couldnā€™t immediately be reached to determine the price the university is asking for the building, which it announced last year it was planning to sell. The D.C. Office of Tax and Revenue states on its website that the 8-story building has been assessed for 2024 at a value of $35,894,220.

ā€œCouncil member Pintoā€™s request to the mayor is a vitally important first step toward establishment of LGBT+ affirmative housing in the historic epicenter of our community,ā€ Silverstein told the Blade. ā€œThe need is clear, as so many of our seniors are struggling to age in place with soaring rents and inflation eating away at savings or just dealing with the effects of social isolation that comes with the loss of a partner or close friends,ā€ Silverstein said.

ā€œThereā€™s no question the Districtā€™s budget is very tight and this project as envisioned would be a very heavy lift,ā€ Silverstein added. ā€œBut just putting this request on the table and perhaps setting up a task force to seek a way forward is a giant step forward,ā€ he said.

Silverstein noted that a city-funded senior housing facility under existing law would have to be open to all city seniors, not just LGBTQ seniors, but he said it would be ā€œLGBT+ affirmative,ā€ making it an important and welcoming place for LGBTQ seniors.

News surfaced this week that Bowser, who had planned to release her budget proposal to the Council this week, needed more time to finalize the budget and it would be released sometime later.

Mayoral spokesperson Daniel Gleick told the Blade last week that ideas like the Pinto LGBTQ-supportive housing proposal would be part of the budget process discussions by the mayor and the Council in the coming weeks. 

Pintoā€™s proposal for an LGBTQ-supportive senior housing facility in Ward 2 comes six months after Mayor Bowser and other city officials participated in a groundbreaking ceremony launching the construction of Maryā€™s House for Older Adults, which is expected to be the cityā€™s first home for LGBTQ seniors. The Maryā€™s House facility, which is located in the cityā€™s Fort Dupont neighborhood in Ward 7, will include 15 single-occupancy residential apartments, compared to the 80 apartments that Pintoā€™s proposal calls for.

LGBTQ rights advocates nevertheless have called the Maryā€™s House Project, which is receiving city funds as well as support from private donors, an important project organized and founded by longtime LGBTQ community advocate Imani Woody, who is expected to operate the facility when it opens. 

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