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D.C. gay couple robbed, pistol whipped but U.S. Attorney has yet to prosecute

Victim says attackers shouted anti-gay slurs, hit him in face with gun last year

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The victims photographed the getaway car after they say they were robbed and assaulted.

A D.C. gay man says an official with the Office of the United States Attorney for the District of Columbia last week explained to him why the office has yet to prosecute two male suspects identified by D.C. police who allegedly assaulted and robbed him and his partner at gunpoint near their home while yelling anti-gay slurs more than a year ago.

The gay man, who asked to be identified by his first name, Michael, said the incident took place shortly after midnight on Jan. 8, 2022, as he and his partner, who has also asked to be identified by his first name, Christopher, were walking home at the intersection of 4th and N streets, N.W., when two men wearing ski masks and brandishing handguns approached them and demanded their money.

According to Michael, the official with the U.S. Attorney’s office, whom he declined to identify, told him the delay in prosecuting the case was due to a lack of sufficient evidence to bring the suspects identified by police to trial. But he said the official told him the case remains open and under investigation.

Michael described the incident in detail in an Aug. 1 letter he mailed to Matthew W. Graves, the U.S. Attorney for the District of Columbia, who serves as the city’s lead prosecutor.

He urged Graves in his letter to take steps to prosecute the case using information he and Christopher provided police, including the license plate number of the suspects’ getaway car and purchases made with a credit card stolen from the couple during the robbery. Michael provided a copy of the letter to the Washington Blade.

“Two men confronted us yelling homophobic slurs then robbed us at gunpoint,” Michael told Graves in his letter. “During this time, I was also pistol whipped in the face before the two escaped in a getaway car,” he wrote. “To my dismay, it has been more than a year since the incident occurred, and no progress has been made prosecuting the offenders,” he told Graves in his Aug. 1 letter.

Michael points to a D.C. police report confirming that police obtained what they believed was sufficient probable cause to obtain a warrant for the arrest of at least two suspects they identified in their investigation. The police report says the U.S. Attorney’s Office declined the police request for the warrant.

But the report does not list the incident as a hate crime, and a police spokesperson told the Blade that the two victims never told police investigators that the suspects called them anti-gay names. Michael and Christopher told the Blade they thought they mentioned the anti-gay name calling to police, but they acknowledge they may not have done so following the trauma of being robbed at gunpoint.  

Michael told the Blade that the official with the U.S. Attorney’s office for the first time informed him in an Aug. 25 phone conversation that the delay in prosecuting the case was due to difficulty in definitively identifying the two suspects who robbed him and Christopher and a third suspect who drove the getaway car based on just the license number and credit card information.

“She said since they had multiple people in the vehicle, and because the gunmen were masked, they are having a hard time linking the credit card/phone information to the car’s license plate,” Michael said the official told him. “They have to specifically know who did what part of the crime to charge them,” he attributed the official as saying.

Michael said in an Aug. 28 phone interview with the Blade that he told the U.S. Attorney’s office official that he wants the office to prosecute the case, but he is doubtful the office will do so based on what the official told him.

The office of the U.S. Attorney for D.C. has a longstanding policy of not publicly disclosing its reasons for not prosecuting cases like this one.

Patricia Hartman, a spokesperson for the D.C. U.S. Attorney’s office, when contacted by the Blade, declined to comment on the case, saying, “We can neither confirm nor deny the existence of investigations.”

The Blade will update this story to include any explanation the U.S. Attorney’s office decides to publicly disclose for its reason for not prosecuting this case.

Christopher, Michael’s partner, told the Blade one of the two suspects that robbed the two men began touching and grabbing his crotch in an “unwelcome action” toward him as the suspect was checking his pants pockets for a wallet or any other belonging that the two suspects intended to steal from the two men as the armed robbery unfolded.

The man who touched his crotch did so after he pointed a gun at his chest, Christopher said.
The D.C. police report for the incident obtained by the Washington Blade says that in addition to taking the two men’s wallets, at least $100 in cash, and credit cards, the armed gunmen took Christopher’s Canada Goose jacket, which the report says had an estimated value of $1,500.

The police report includes the notation, “Prosecution Declined (May 4, 2022).”

The report, however, also states that the incident is not listed as a suspected hate crime.

D.C. police spokesperson Paris Lewbel provided a statement to the Blade saying the two men did not tell the officers responding to the scene of the incident or detectives in follow-up interviews that the suspects called them anti-gay names.

“We have reviewed the BWC [Body Worn Camera] footage of the officers who responded to the scene and interviewed the two victims of the crime,” the police statement says. “They never told officers that the suspects made any statement or anti-gay remarks,” it says.

“In a review of follow-up interviews by detectives, they also never stated the suspects made any statement,” the statement continues. “Had they told the responding officers or detectives, this case would have been classified as a Hate Crime,” it says.

The statement adds, “The detectives conducted a complete and exhaustive investigation of this offense, and based on probable cause, they submitted arrest warrants to the United States Attorney’s Office; after a review, the USAO declined to pursue charges at that time, and MPD closed the case administratively.”

The police statement concludes by saying, “We cannot comment about USAO’s decision and refer you to them for additional information.

Both Michael and Christopher told the Blade they thought they told police about the anti-gay slurs made by the two suspects who robbed them, but they now believe they may not have disclosed that information under the stress and anxiety they experienced after having been robbed at gunpoint.

“I think we were mostly just in shock at the moment,” Christopher told the Blade in a phone interview. “I don’t know if we focused on that,” he said in recalling that he and Michael were questioned by police officers at the time of the incident for about two hours.

“I’m used to being called a faggot,” Christopher added. “I’m not fazed by that anymore,” he said, pointing out that those feelings and the stress at the moment may have prompted him not to raise the issue of the anti-gay slurs by the two suspects.

Spokespersons for the D.C. police and the U.S. Attorney’s office did not respond to a question by the Blade on whether they might bring a hate crime charge against the suspects if the case is eventually prosecuted.

Under the D.C. hate crimes law as recently amended, hatred need not be the only motive for the underlying crime for which a hate crime designation could be added. Although armed robbery was the underlying crime in this case, prosecutors can add a hate crime designation if they believe there is sufficient evidence to do so.

Michael states in his letter to U.S. Attorney Graves that he and Christopher provided D.C. police with a photo of the rear of the getaway car capturing the license plate number after the two suspects entered the car with a third person driving the vehicle. Christopher said he took the photo with his phone that the suspects, for unknown reasons, did not take. They took Michael’s phone but minutes later tossed it out the window of the getaway car as it drove off.

According to Michael’s letter to Graves, he and Christopher promptly reported the incident to D.C. police, provided police with the photo of the car license number and subsequently provided police with information about how one of the credit cards stolen from them was used to order food through a food delivery service.

“With the help of online account information provided by the food delivery service, MPD told us they had enough telephonic evidence to corroborate our stories and for an arrest warrant,” Michael says in the letter.

Defense attorneys familiar with this type of case have said “probable cause” by itself may not be sufficient to convince a jury to render a verdict of guilty. Defense attorneys point to the requirement under criminal law that prosecutors must convince a jury that someone is guilty “beyond a reasonable doubt,” which is a more stringent criteria than probable cause.

Michael said one or more of the detectives involved in the case told him they believed the evidence obtained from the license plate number of the getaway car, the use of at least one stolen credit card, and information from the food delivery service DoorDash that one of the suspects made purchases through the stolen credit card was substantial enough to charge the suspects, who Michael said the detectives declined to identify by name.

“I do believe that even if one could not prove armed robbery beyond a reasonable doubt, other illegal acts, such as credit card fraud, could be proven,” Michael said in his letter to Graves.

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District of Columbia

New queer bar Rush beset by troubles; liquor license suspended

Staff claim they haven’t been paid, turn to GoFundMe as holidays approach

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A scene from the dance floor of Rush at a preview night on Friday, Nov. 28. (Washington Blade photo by Michael Key)

The D.C. Alcoholic Beverage and Cannabis Board on Dec. 17 issued an order suspending the liquor license for the recently opened LGBTQ bar and nightclub Rush on grounds that it failed to pay a required annual licensing fee.

Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14 Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker. 

It describes itself on its website as offering “art-pop aesthetics, high-energy nights” in a space that “celebrates queer culture without holding back.” It includes a large dance floor and a lounge area with sofas and chairs.

Jackson Mosley, Rush’s principal owner, did not immediately respond to a phone message from the Washington Blade seeking his comment on the license suspension.  

The ABC Board’s order states, “The basis for this Order is that a review of the Board’s official records by the Alcoholic Beverage and Cannabis Administration (ABCA) has determined that the Respondent’s renewal payment check was returned unpaid and alternative payment was not submitted.”

The three-page order adds, “Notwithstanding ABCA’s efforts to notify the Respondent of the renewal payment check return, the Respondent failed to pay the license fee for the period of 2025 to 2026 for its Retailer’s Class CT license. Therefore, the Respondent’s license has been SUSPENDED  until the Respondent pays the license fees and the $50.00 per day fine imposed by the Board for late payment.”

ABCA spokesperson Mary McNamara told the Blade that the check from Rush that was returned without payment was for  $12,687, which she said was based on Rush’s decision to pay the license fee for four years. She said that for Rush to get its liquor license reinstated it must now pay $3,819 for a one-year license fee plus a $100 bounced check fee, a $750 late fee, and $230 transfer fee, at a total of $4,919 due.

Under D.C. law, bars, restaurants and other businesses that normally serve alcoholic beverages can remain open without a city liquor license as long as they do not sell or serve alcohol. 

But D.C. drag performer John Marsh, who performs under the name Cake Pop and who is among the Rush employees, said Rush did not open on Wednesday, Dec. 17, the day the liquor board order was issued. He said that when it first opened, Rush limited its operating days from Wednesday through Sunday and was not open Mondays and Tuesdays. 

Marsh also said none of the Rush employees received what was to be their first monthly salary payment on Dec. 15. He said approximately 20 employees set up a GoFundMe fundraising site to raise money to help sustain them during the holiday period after assuming they will not be paid.

He said he doubted that any of the employees would return to work in the unlikely case that Mosley would attempt to reopen Rush without serving liquor or if he were to pay the licensing fee to allow him to resume serving alcohol without having received their salary payment. 

As if all that were not enough, Mosley would be facing yet another less serious problem related to the Rush policy of not accepting cash payments from customers and only accepting credit card payments. A D.C. law that went into effect Jan. 1, 2025, prohibits retail businesses such as restaurants and bars from not accepting cash payments. 

A spokesperson for the D.C. Department of Licensing and Consumer Protection, which is in charge of enforcing that law, couldn’t immediately be reached to determine what the penalty is for a violation of the law requiring that type of business to accept cash payments.

The employee GoFundMe site, which includes messages from several of the employees, can be accessed here.

Mosley on Thursday responded to the reports about his business with a statement on the Rush website. 

He claims that employees were not paid because of a “tax-related mismatch between federal and District records” and that some performers were later paid. He offers a convoluted explanation as to why payroll wasn’t processed after the tax issue was resolved, claiming the bank issued paper checks.

“After contacting our payroll provider and bank, it was determined that electronic funds had been halted overnight,” according to the statement. “The only parties capable of doing so were the managers of the outside investment syndicate that agreed to handle our stabilization over the course of the initial three months in business.”  

Mosley further said he has not left the D.C. area and denounced “rumors” spread by a former employee. He disputes the ABCA assertion that the Rush liquor license was suspended due to a “bounced check.” Mosley ends his post by insisting that Rush will reopen, though he did not provide a reopening date.  

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Brian Footer suspends campaign for Ward 1 D.C. Council seat

Race’s third LGBTQ candidate cites family reasons for ‘stepping back’

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Brian Footer (Photo courtesy of Brian Footer)

Gay Advisory Neighborhood Commissioner Brian Footer, who was one of three out LGBTQ candidates running for the open Ward 1 D.C. Council seat in the city’s June 16, 2026, Democratic primary, announced on Dec. 17 he has decided to “suspend” his campaign to focus on his family.

“After deep reflection and honest conversations with my family, I have decided to suspend my campaign for the D.C. Council,” he said in a statement. “This moment in my life requires me to be present with the people I love most and honor the responsibilities I carry both at home and in the community,” he states. “This was not an easy decision, but it is the right one for me and my family at this time.”

Footer, a longtime Ward 1 community activist and LGBTQ rights advocate, announced his candidacy for the Ward 1 Council seat in July, one month before bisexual Ward 1 community activist Aparna Raj announced her candidacy for the Council seat on Aug. 12.

Gay Ward 1 Advisory Neighborhood Commissioner Miguel Trindade Deramo announced his candidacy for the Ward 1 Council seat on Nov. 18, becoming the third out LGBTQ candidate in what appeared to be an unprecedented development for a race for a single D.C. Council seat.

At least three other candidates who are not LGBTQ are running for the Ward 1 Council seat. They include Ward 1 ANC member Rashida Brown, longtime Ward 1 community activist Terry Lynch, and Jackie Reyes-Yanes, the former director of the Mayor’s Office of Community Affairs.

In his statement announcing the suspension of his candidacy, Footer said he would continue to be involved in community affairs and advocate for the issues he discussed during his campaign.

“I want to be clear: I am stepping back from the race, not the work,” he says in his statement. “Public service has always been my calling. I will continue advocating for affordability, for safer streets, for stability for small businesses, and for a government that responds to people with urgency and respect,” he wrote. “And I will continue showing up as a partner in the work of building a stronger Ward 1.”

Footer concluded by thanking and praising his campaign supporters and calling his campaign suspension a “transition,” suggesting he is not likely to resume his candidacy.

His campaign press spokesperson did not immediately respond to a question from the Washington Blade asking if Footer might later resume his campaign or if his latest action was in effect an end to his candidacy.

“To everyone who knocked on doors, hosted conversations, donated, shared encouragement, and believed in this campaign, thank you,” he says in his statement. “I am deeply grateful for every person who helped this campaign take root,” he added. “This isn’t an ending, it’s a transition. And I’m excited for the work ahead, both in Ward 1 and at home with my family.”

Longtime gay D.C. Democratic Party activist Peter Rosenstein said in a statement to the Blade, “I respect Brian Footer’s decision to end his campaign for Council. It is not easy to run a campaign in D.C. and there are many others running in Ward 1.” He added, “While not living in Ward 1, I thank Brian for all he has done and clearly will continue to do for the people in the ward.”  

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D.C. students need academic support, diverse connections for economic mobility

Region offers array of resources for families in need of assistance

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From local financial and educational assistance programs to strengthening diversity among educators, advocates are fighting for better economic mobility in D.C. schools. (Photo by sumnersgraphicsinc/Bigstock)

Education is the blueprint of good economic mobility.

But when students aren’t set up with the proper resources to secure a quality education, it’s often low-income families that suffer the most, For Love of Children (FLOC) Executive Director LaToya Clark said. Children from low-income families on average grow up to earn $25,600 annually, according to Opportunity Insights.

D.C. families need better economic mobility, and experts say that starts with kids getting an education and breaking generational poverty cycles. Students without a high school diploma earn $738 per week on average, while those who graduated high school earn roughly $930 per week, according to the U.S. Bureau of Labor Statistics. Contrarily, those with bachelor’s degrees earn about $1,543 per week.

Students from low-income backgrounds have fewer financial advantages on their paths to securing an education, and hardships faced by public schools make it difficult for them to catch up, Clark said.

From local financial and educational assistance programs to strengthening diversity among educators, here are a few ways researchers and advocates are fighting for better economic mobility in D.C. schools. 

Student assistance programs

For many students, falling behind academically is because of circumstances outside of their control, Clark said.

She said teacher shortages, large classrooms and scarce funding can lead to an educational environment not fully equipped to set students on the right path. A one-dimensional education can then hinder future professional opportunities and give students limited economic mobility.

That’s where local organizations like FLOC come in –– to fill in the academic and social gaps often left open by schools. 

Clark said FLOC has multiple services that give underserved students a more individualized academic experience. For the Neighborhood Tutoring Program, students are assessed at the grade level at which they’re performing, not what grade they are in. They’re then matched with a volunteer –– ranging from college students to retirees –– who follows a curriculum that matches the student’s performance level.

There’s also the Pathways Forward Program, an afterschool opportunity for D.C. youth in 7th to 12th grades designed to increase high school graduation rates. The program supports those at risk of academic failure to find a successful way forward, and those in 10th to 12th grades to prepare for graduation or transition to postsecondary programs. Both Neighborhood Tutoring and Pathways Forward are free.

“Everything we offer is designed to close achievement gaps, help our students boost their confidence and ensure young people have the skills and support that they need to succeed in schools and beyond,” Clark said.

And that design is working for students. Clark recalled a young girl who was the oldest of six who felt a need to help her mom take care of her siblings. She was falling behind in school until she found FLOC. The girl credited her ability to go to college and find a professional job to FLOC’s individualized and accessible approach to education. 

FLOC is a reliable resource for D.C. youth to get academic help, but there are numerous other organizations working to close educational gaps and improve the future economic mobility of students.

Minds Matter D.C. helps underserved students find accessible pathways to prepare for and succeed in college. The organization offers mentoring, SAT prep, access to summer enrichment programs and guidance through the college application and financial aid process.

The work Minds Matter does addresses a disproportionate statistic: While roughly 89% of students from “well-off” families attend college, only 51% of students from low-income families do so, according to a report published by Brookings. Minds Matter reported that 100% of its students attended a four-year college or university.

The D.C. Schools Project, a program of the Center for Social Justice, offers academic help and English-language tutoring for low-income and immigrant families. Each semester, roughly 60 tutors assist about 100 students, their families, and other D.C. immigrants. 

D.C. CAP Scholars has a mission to connect youth with financial and academic opportunities that will help them succeed in college. Registration is now open for the organization’s Ward 7 & 8 scholarship, a $12,000 annual scholarship for students who attended high school in those D.C. wards. Those areas encompass communities such as Congress Heights, Deanwood and Anacostia, which are some of the city’s poorest areas.

RISE offers tutoring and college mentoring to underserved populations. Its primary focus is on opportunity academies, including the three in D.C.: Ballou STAY, Luke C. Moore and Garnet-Patterson STAY. These academies are “second chance” schools for students who didn’t complete high school on a traditional timeline.

RISE Executive Director Ricardo Cooper said the organization offers real-time tutors for students in these academies through its Keep Up Tutoring program. RISE also provides summer literacy “bootcamps” and college prep for underserved students.

As a native Washingtonian, Cooper said he wishes opportunities like RISE were available to him as a kid. That’s why it’s so special for him to lead the organization and help D.C. youth rise above the academic and economic barriers he used to face.

“We know that going to college and getting a degree makes you more money,” Cooper said. “Being able to have these programs to support youth in school, to make sure that they feel confident once they graduate high school, to go to college, to feel confident in completing their coursework and just understanding the material is important to raise that poverty line.”

While these programs are crucial to many students’ success, Matthew Shirrell, associate professor of educational leadership at George Washington University, said there are many fundamental solutions to supporting kids that schools should recognize.

Diverse learning opportunities

Shirrell’s research has identified a key link to the positive relationships between teachers and students: diversity.

“Having a more diverse teaching workforce would certainly benefit all students, because it’s like their teachers having access to a library with a whole bunch of different perspectives,” Shirrell said.

He said teachers have a continuously growing list of responsibilities not just academically, but in dealing with social and emotional issues that students bring to school. By having a diverse team of educators in each school, teachers are better equipped to connect with students to turn potential barriers into new pathways.

But achieving this is about more than championing diversity –– it’s a way for students to secure better futures and stay out of the criminal justice system, Shirrell said.

Shirrell pointed to the idea of “exclusionary discipline.” In his research, Shirrell found that Black and LatinX students were significantly less likely to be suspended from school when they had teachers who shared their racial or ethnic background. 

Teachers of different backgrounds than their students tend to rely on harsh disciplinary action, when in reality the situation could come down to cultural misunderstandings or misconceptions, Shirrell said. 

In the long run, this disciplinary bias can disproportionately impact underserved communities. Shirrell said relentless discipline can lead to the students making poor decisions outside of school and potentially ending up in the criminal justice system.

At such a formative age, students need the support, understanding and guidance that only a diverse population of educators can bring.

“You really can’t get that from a book,” Shirrell said. “The best way to learn that is from working alongside somebody who you know is doing things differently than you. There’s tremendous value to having a diverse workforce, whether that be racial, linguistic or economic.”

Securing an education from open-minded teachers is especially important in underserved pockets of D.C., such as Wards 7 and 8. D.C. youth can experience completely different lives and opportunities just by living around the block. Diverse educators can help fill social gaps, but having students from different economic backgrounds share a classroom pushes them to see different points of views and develop their critical thinking skills, Shirrell said. 

Luckily, that sentiment rings true in D.C., a city with high social capital –– or the likelihood of low-income people and high-income people becoming friends or crossing paths. About 50% of the friends of low-income people have high incomes, and low-income people are only 4.7% less likely to friend high-income people they meet, according to Opportunity Insights.

Though there’s never one simple solution in growing economic mobility for students and their families, Cooper, the RISE executive director, said having educators who embody multiple perspectives –– as well as ensure students are aware of the financial and academic support programs available to them –– are strong ways to set a child on a brighter financial and professional path.

“There are a lot of factors that also go along with [improving economic mobility], but chances are better once students feel confident in who they are, confident in what they can do and go to college and excel,” Cooper said.

This article is part of a national initiative exploring how geography, policy, and local conditions influence access to opportunity. Find more stories at economicopportunitylab.com.

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