District of Columbia
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
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.
District of Columbia
D.C. Council member proposes change for Mayor’s Office of LGBTQ Affairs
Parker also seeks increased funding for LGBTQ programs in FY 2025 budget
D.C. Council member Zachary Parker (D-Ward 5), the Council’s only LGBTQ member, has asked his fellow Council members to support a proposal to change the Mayor’s Office of LGBTQ Affairs to become a “stand-alone entity outside the Executive Office of the Mayor to allow for greater transparency and accountability that reflects its evolution over the years.”
In an April 30 letter to each of his 12 fellow Council members, Parker said he plans to introduce an amendment to the city’s Fiscal Year 2025 Budget Support Act to make this change for the LGBTQ Affairs Office.
His letter also calls for adding to the city’s FY 2025 budget two specific funding proposals that local LGBTQ activists submitted to D.C. Mayor Muriel Bowser that the mayor did not include in her budget proposal submitted to the Council. One calls for $1.5 million to fund the completion of the build out and renovation for the D.C. Center for the LGBTQ Community’s new building in the city’s Shaw neighborhood and $300,000 in subsequent years to support the LGBTQ Center’s operations.
Parker’s second budget proposal calls for what he said was about $450,000 to fund 20 additional dedicated LGBTQ housing vouchers as part of the city’s existing program to provide emergency housing support for LGBTQ residents and other residents facing homelessness.
“The Office of LGBTQ+ Affairs currently manages about 90 vouchers across various programs and needs,” Parker said in his letter to fellow Council members. “Adding an additional 20 vouchers will cost roughly $450,000,” he wrote, adding that dedicated vouchers “play a crucial role in ensuring LGBTQ+ residents of the District can navigate the complex process of securing housing placements.”
In her proposed FY ’25 budget, Bowser calls for a 7.6 percent increase in funding for the Office of LGBTQ Affairs, which amounts to an increase of $132,000, bringing the office’s total funding to $1.7 million.
“To be clear, I support the strong work and current leadership of the Office of LGBTQ+ Affairs,” Parker says in his letter to fellow Council members. “This push for change is in recognition of the office’s notable achievements and the significant demands being placed on it, which require a greater level of accountability.”
Parker told the Blade in an April 30 telephone interview that he believes Japer Bowles, the current director of the Office of L|GBTQ Affairs is doing an excellent job in operating the office, but he believes the office would be able to do more for the LGBTQ community under the change he is proposing.
“Making it a stand-alone office versus it being clustered within the Community Affairs division of the mayor’s office, it will get more attention,” Parker told the Blade. “The leadership will have greater flexibility to advocate for the interest of LGBTQ residents, And we will be able to conduct greater oversight of the office,” he said, referring to the Council’s oversight process.
Parker noted that other community constituent offices in the mayor’s office, including the Office of Latino Affairs and the Office of Veterans Affairs are stand-alone offices that he hopes to bring about for the LGBTQ Affairs Office. He said Council member Brianne Nadeau, who chairs the Council committee that has oversight for the LGBTQ Affairs Office, has expressed support for his proposal.
Also expressing support for Parker’s proposal to make the LGBTQ Affairs Office a stand-alone office is the D.C. Advisory Neighborhood Commission Rainbow Caucus. Vincent Slatt, the caucus’s chairperson, submitted testimony last week before the D.C. Council Committee on Public Works and Operations, which is chaired by Nadeau, calling for making the LGBTQ Affairs Office a stand-alone office outside the Executive Office of the Mayor.
Slatt also stated in his testimony that the office has a “chronic staffing shortage” and recommended that at least three additional staff members be assigned to the office.
Daniel Gleick, the mayor’s press secretary, told the Blade the mayor’s office is reviewing Parker’s budget proposals, including the proposed change for the Office of LGBTQ Affairs.
But in testimony at a May 1, D.C. Council budget hearing before the Council’s Committee on Executive Administration and Labor, Lindsey Parker, Mayor Bowser’s Chief of Staff, appeared to express skepticism over making the LGBTQ Affairs office a stand-alone office. Lindsey Parker expressed her thoughts on the proposed change when asked about it by Councilmember Anita Bonds (D-At-Large), who chairs the committee that held the hearing.
“I would proffer that it doesn’t matter whether the agency is within the EOM [Executive Office of the Mayor] or not,” Lindsey Parker told Bonds. “They will still be reporting up into one would argue the most important agency in the D.C. government, which is the one that supports the mayor,” Lindsey Parker said. “So, it’s the closest to the mayor that you can get,” she said “So, you could pull it out and have a different budget chapter. I actually think that’s confusing and convoluted.”
Lindsey Parker added, “The Mayor’s Office of LGBTQ Affairs, with their six FTEs right now, if they were a stand-alone function they wouldn’t have all the non-personnel services in order to operate. They need to be under sort of the shop of the EOM in order to get those resources.”
By FETs Lindsey Parker was referring to the term Full Time Equivalent employees.
District of Columbia
As You Are bar closes temporarily, citing problems with building
Shutdown comes two months after fundraising appeal brought in $170,000
As You Are, the LGBTQ café and bar located in the Barracks Row section of Capitol Hill near the Eastern Market Metro station, has announced on its Instagram page that problems associated with its building at 500 8th St., S.E., forced it to “temporarily” close on April 8.
“As you may be aware, As You Are’s location in Eastern Market has been closed since April 8, when we began to have concerns about the physical condition of the building,” the Instagram message states. “We worked quickly to alert our landlord, and they have assessed the building with their engineers,” the message says.
“We understand that certain repairs need to be made to ensure the safety of our staff, patrons, and community,” the message concludes.
In one of two more recent videos posted on Instagram on April 17 and 26, As You Are co-owners Jo McDaniel and Rachel Pike said they did not have any update on when they can reopen. “The engineers and contractors have all come into the space, and we’re just waiting on a plan and a timeline from our landlord,” McDaniel said in the video.
Pike mentioned in one of the videos that As You Are has a Venmo app set up, and said they appreciate the support they have been receiving from the community. McDaniel added, “We’re really interested in supporting our team through this, as this is an unexpected loss of income for all of us.”
McDaniel didn’t immediately respond to a request from the Washington Blade for a further update on where things stand with the building repair project and the specific nature of the problems with the building. An earlier message posted on the As You Are website said, “Heavy rain damaged the back wall of our building, and we are closed to assess and repair.”
The message added, “Regular updates and ways to support can be found on our Instagram page @asyouaredc.”
The April 8 shutdown came a little over two months after As You Are issued a GoFundMe appeal on Feb. 5 seeking emergency financial support to prevent it from closing in February due to a $150,000 debt. In a display of strong community support, its $150,000 fundraising goal was reached in less than a week. By the following week, the GoFundMe appeal had pulled in more than $170,000 from more than 3,000 individual donations.
Many of the donors left messages on the GoFundMe page for As You Are expressing their strong support for the bar and café, saying it served as a uniquely supportive space for all members of the LGBTQ community.
In the GoFundMe message, McDaniel and Pike said their goal in opening their business in March 2022 was to offer community center type programming beyond just a bar and café.
“AYA is a café, bar and dance floor that hosts diverse programming nearly every night of the week, including social sport leagues, Queer youth socials, weekly karaoke, book clubs, open mics, Queer author events, dance parties, and much more,” the two said in their message.
The building’s owner and the As You Are landlord, Rueben Bajaj, who is the principal operator of the Bethesda, Md., based real estate firm White Star Investments, couldn’t immediately be reached for comment. The Washington Post reported that he contributed $500 to the As You Are GoFundMe appeal, saying, “I personally want to see As You Are succeed.”
District of Columbia
Weekend brings two shootings in U Street, Dupont Circle areas
Man dies after incident at Desperados
A man was shot to death shortly after 1 a.m. on Saturday, April 27, inside the Desperados Burgers & Bar at 1342 U St., N.W., which is located on the same block a short distance away from the LGBTQ nightclub Bunker D.C. and around the corner less than a block away from the recently opened LGBTQ bar Crush on 14th Street, N.W.
The incident prompted Bunker to post on its Facebook page a message saying its security team quickly ushered patrons standing outside to enter the club and as a precautionary measure prevented patrons from leaving until it was deemed safe to do so.
A D.C. police statement identifies the shooting victim as Kenneth Goins, 43, of Salisbury, Md. The statement says officers on patrol in the 1300 block of U Street, N.W. heard gunshots at about 1:12 a.m. and immediately arrived at Desperados to investigate the incident.
“Officers located a man inside with multiple gunshot wounds,” the statement says. “Despite all life saving efforts, the victim was pronounced dead on the scene,” it says. Neither the statement nor a police incident report pertaining to the shooting provides a description of the person who committed the shooting nor discloses whether any of the customers inside the restaurant and bar witnessed the shooting.
The statement says the police Homicide Branch is investigating the shooting and urges anyone with knowledge of the incident to call police at 202-272-9099. Like all homicide cases, it says the D.C. Metropolitan Police Department offers a reward of up to $25,000 to anyone who provides information that leads to the arrest and conviction of the person or persons responsible for a homicide committed in the District.
“There was a shooting incident on U ST. N.W., just 4 doors down from BUNKER,” the Bunker Facebook post says. “Our security team promptly responded, ensuring the safety of everyone by ushering them inside for cover,” it says. “Currently, the courageous police officers are outside, handling the situation and working diligently to maintain a secure environment for our guests,” the message continues.
“As a responsible establishment, we strongly prioritize your safety, and as a precautionary measure, we will not permit anyone to exit the building until we deem it safe to do so,” the posting says. “Rest assured, we, as the owners, take this matter very seriously, and your safety remains our highest priority.”
The U Street shooting at Desperados Burgers & Bar took place a little over two hours after six people were shot and wounded outside the Decades nightclub at 1219 Connecticut Ave., N.W. near Dupont Circle and near several gay bars on P Street and 17th Street in the Dupont Circle area. Police said none of those who were shot suffered life-threatening injuries
A separate police statement says with the help of several witnesses, police identified and arrested Rennwel Mantock, 29, of Hyattsville, Md., in connection with the shooting on charges of Assault with Intent to Kill, Possession of Unregistered Ammunition, and Possession of an Unregistered Firearm. The statement says a gun belonging to Mantock was recovered on the scene. Court records show a judge has ordered him to be held without bond until a May 7 preliminary hearing.
“The detectives’ investigation determined Mantock opened fire after employees removed him from a nightclub following a dispute,” according to the statement.
A police arrest affidavit filed in D.C. Superior Court says Mantock told police at the time he was apprehended on the scene that he was dancing with a woman at the club when a security guard ordered him to leave and then “grabbed him by the neck and punched him in the face right before dragging him down the steps.” The Decades club states on its website that it has several floors with multiple bars.
According to the arrest affidavit, Mantock told police that one of the security officials punched him in the face again and threw him to the ground after dragging him out the door. It says Mantock “stated that he then pulled out his gun and started shooting” because “he was very upset about the security punching him in the face,” adding that he “began firing at the Decades’ security.”
The affidavit says five of the six people shot were Decades employees.
Gay former Dupont Circle Advisory Neighborhood Commissioner Mike Silverstein, who lives near where the shooting took place, said Decades is not known as a place that LGBTQ people patronize but said the surrounding neighborhood is home to many LGBTQ residents and draws many LGBTQ visitors.
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