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Prosecutors dismiss case against suspect in 2017 murder of D.C. trans man

Distraught mother of victim is told lead witness went missing

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Akihs Gaius Green was shot to death in 2017.

At the request of prosecutors with the Office of the U.S. Attorney, a D.C. Superior Court judge on Aug. 17 dismissed a charge of first-degree murder and two gun related charges against a D.C. man arrested for the 2017 shooting death of a transgender man in a Southeast D.C. apartment where police say both men were living.

Court records show Akihs Gaius Green, 42, was found shot in the head execution style on March 1, 2017, in an apartment where he and the man charged with shooting him, Jordan Smith, 36, and Smith’s girlfriend, had been living at 212 Wayne Place, S.E.

Green died from the gunshot wound more than four months later on July 21, 2017, court records show. Charging documents show that D.C. police initially charged Smith with second-degree murder on Nov. 9, 2017, following an investigation into the incident.

At the request of prosecutors, a grand jury on June 11, 2018, indicted Smith on charges of First-Degree Murder While Armed, Possession of a Firearm During a Crime of Violence, and Unlawful Possession of a Firearm (Prior Conviction). Court records show Smith had a prior conviction of illegal possession of a gun.

A spokesperson for the U.S. Attorney’s office did not respond to a request by the Washington Blade for an explanation of why its prosecutors decided to dismiss the case. The office has a longstanding policy of not publicly disclosing its reasons for dismissing cases or not prosecuting cases.

Green’s mother, Vickie McNeal, told the Blade prosecutors in the case informed her last week that the lead prosecution witness in the case could not be found and they did not believe they could obtain a conviction at Smith’s trial, which was scheduled to begin on Sept. 12.

An affidavit in support of Smith’s arrest says the lead witness, identified only as Witness 2, was believed to have been Smith’s girlfriend. The affidavit says Smith and Green reportedly had been staying at her apartment at the time of the shooting.

McNeal said she believes Green, who was a friend of Witness 2, was visiting the apartment on the night of the shooting but was not living there.

The arrest affidavit says Witness 2 told police she saw Smith pull out a gun after he got into an argument with Green and she heard three shots fired, but she didn’t see who fired the gun. Another witness, according to the arrest affidavit, told police Witness 2 told that witness that she saw Smith shoot Green.

But Witness 2 denied she said that and has insisted she did not witness the shooting, the affidavit states. The affidavit also states that Witness 2 told police she was high on PCP at the time of the incident and her memory of what happened was unclear.

McNeal said prosecutors called her and visited her home to inform her of the decision to dismiss the case. She said their visit and phone call came after they informed her in June that the case was moving forward, and they were ready for the upcoming trial.

Among those who called and came to her home to tell her the case was dropped, McNeal said, were Assistant U.S. Attorneys Marybeth Manfeda and David Gorman, and witness-victim specialist Jennifer Clark.

 “They were just saying they couldn’t find the witness,” McNeal told the Blade. “And I said the United States can find anybody they want to find. So, you can’t tell me they can’t find her. Because I say nothing has been done.”

Added McNeal, “I was hollering and crying and screaming for hours and made myself sick” shortly after being informed the case against the man she believes murdered her transgender child had been dropped.

The arrest affidavit says Smith told detectives who questioned him that his girlfriend and Green had been in a relationship at one time, but his girlfriend told him they were just friends at the time of the shooting. That raised speculation that Smith’s motive for the shooting could have been jealousy over his girlfriend having a relationship with Green.

But McNeal said she is convinced the motive for the murder was Smith’s anti-gay and anti-trans bias. 

“He’s a hater,” she said. “He’s a hater of homosexual women. He’s homophobic and transgender phobic.”

Veteran D.C. defense attorney Cheryl Stein, at the Blade’s request, reviewed some of the court records for the case against Smith before it was dismissed on Aug. 17.

“Because I do not have access to most of the relevant pleadings in the case, I cannot give a definitive explanation of why the government dismissed the case,” she told the Blade. “But based on the documents that I have reviewed, it is clear to me that the prosecution determined that it simply didn’t have enough evidence to prove guilt beyond a reasonable doubt,” she said.

Stein noted that the defense raised serious questions about the credibility of the lead witness in the case, Witness 2, by citing her statements to police that she was on PCP at the time of the incident.

“When questioned right after the murder, she said she had no memory of the events,” Stein points out. “When a witness is so altered by drugs or alcohol that it affects their ability to accurately perceive and/or remember what they witnessed, they are disqualified from testifying,” she said. “Without that witness, the prosecution cannot possibly prove its case.”

Stein also points to court records showing the defense raised in a motion to “Suppress Tangible Evidence and Statements” that police allegedly violated Smith’s Miranda rights to remain silent when police took him into custody and obtained statements from him that could be incriminating.

“If those facts are correct, then nothing he said could be introduced at trial,” Stein said.

McNeal said her trans son, who went by the nickname Pinky, was a loving member of his family and was studying to be a medical technician. She said he had an associate degree from Prince George’s Community College and was attending the University of the District of Columbia at the time of his death.

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District of Columbia

‘Queer Love’ campaign launched to address domestic violence

D.C. event set for LGBTQ+ Domestic Violence Awareness Day on May 28

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‘Domestic and family violence in LGBTQ+ communities is real and too often invisible,’ said Cesar Toledo, the Alston Foundation’s executive director. (Photo courtesy of Toledo)

The D.C.-based Wanda Alston Foundation, which provides housing and support services for homeless LGBTQ youth, announced earlier this month that it has joined partner organizations to launch a Queer Love Shouldn’t Hurt campaign aimed at addressing domestic violence within the LGBTQ community.

 In a May 18 statement, the Alston Foundation said the campaign involves a public awareness initiative leading up to LGBTQ+ Domestic Violence Awareness Day scheduled for May 28. 

“Domestic and family violence in LGBTQ+ communities is real and too often invisible,” Cesar Toledo, the Alston Foundation’s executive director, said in the statement. “As a community, we do not talk about it enough, and that silence can leave survivors feeling isolated and alone,” he said. “We must break that silence.”

He added that culturally competent care for those impacted by domestic violence is available through a newly launched website, queerlove.org, “where people can safely access vital resources, educational toolkits, and support networks they need on their healing journey.”

The website announces one of the project’s first events, a Queer Love Community Social, was scheduled for Thursday, May 28,  from 6-8 p.m. at the D.C. LGBTQ+ Community Center at 1827 Wiltberger St., N.W.

“Join us this LGBT+ Domestic Violence Awareness Day for a community social dedicated to visibility and survivor resilience,” the website statement says. “Let’s gather to strengthen our bonds, honor the path to healing, and share free resources,” it says of the May 28 event. 

The website also announces a June 1 workshop called Empowering Survivors of LGBTQ+ Intimate Partner Violence, which it says will be presented by Jesse Wedell, an official with the D.C. LGBT+ Counseling Collaborative. The website provides an online form to register for the workshop upon which its location would be disclosed.        

It identifies the partner organizations working with the Alston Foundation on the Queer Love Public Awareness Campaign as the LGBT+ Counseling Collaborative, Whitman-Walker Health, the D.C. LGBTQ+ Community Center, and Equality Chamber.

 The resources and information provided by the project can be accessed at www.queerlove.org.

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District of Columbia

Man accused of threatening to shoot D.C. bar employee after making anti-gay slurs

May 24 incident took place near Black Pride events on U Street

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(Bigstock photo)

D.C. police on Sunday, May 24, at around 4:20 p.m. arrested a Maryland man for allegedly threatening to shoot an employee while using anti-gay slurs at Ben’s Next Door restaurant and bar at 1211 U St., N.W.

According to a statement released by police and a police incident report, the arrested man, identified as Delonte Fraley, 32, of Accokeek, Md., made the threats after the employee told a bartender not to serve the man alcohol.

“The suspect overheard the employee and threatened to shoot the employee and used homophobic slurs against the employee,” the police statement says. “When the employee left the restaurant for the day, the suspect was standing near the employee’s vehicle,” it says.

“The employee returned to the restaurant and called the police,” the statement continues. “The suspect was apprehended by responding officers,” it says.

The police statement says the arresting officers charged Fraley with Felony Threats (Hate/Bias).

D.C. Superior Court records show prosecutors with the Office of the U.S. Attorney for D.C., which prosecutes D.C. criminal cases, escalated the charge to Threatening to Injure or Kidnap a Person (Bias-Related Hate Crime).

The incident occurred during Memorial Day weekend when thousands of visitors and D.C. area LGBTQ advocates and supporters were attending D.C. Black Pride events held in locations across the city, including Black Pride parties hosted by LGBTQ bars in the U Street entertainment area near Ben’s Next Door.

Among the nearby LGBTQ bars hosting D.C. Black Pride events were Nellie’s Sports Bar and Thurst Lounge. Ben’s Next Door is located next to the popular longtime U Street eatery Ben’s Chili Bowl.

Court records show that Judge Robert R. Rigsby at a May 25 presentment hearing released Fraley on personal recognizance with a stay-away order — the details of which were not publicly disclosed pending a June 4 preliminary hearing.   

A more detailed arrest affidavit filed in court by D.C. police says Fraley allegedly confronted the employee at Ben’s Next Door with anti-gay slurs on the day prior to his arrest.

“The complainant told the defendant that because he used homophobic slurs towards himself previously on May 23, 2026, and his hostess, as well as making threats to the complainant and calling him a faggot, he was unable to stay in the establishment,” the affidavit states.

It adds, “The defendant became irate stating, ‘I know where your Tesla is at. See me outside faggot, I will slap your ass’ and ‘I will shoot your ass.’” The affidavit says the complainant confirmed to police the Tesla referred to by Fraley was his vehicle. It says as the victim walked toward his car after getting off work, he saw Fraley standing directly in front of the car.

“The complainant stated he felt unsafe while the defendant was standing in front of his vehicle because he felt the defendant was capable of carrying out those threats,” says the affidavit. It says the victim then decided to return to the restaurant and call police without the defendant having seen him.  

“The defendant was placed under arrest for Felony Threats Hate/Bias and was transported to the Third District Station for processing,” the affidavit concludes.

It couldn’t immediately be determined whether the victim identifies as LGBTQ or whether any of the Ben’s Next Door patrons had been involved with D.C. Black Pride.

“Established in 2008, Ben’s Next Door is a family-owned and operated restaurant and bar on U Street, Northwest in Washington, D.C.,” a statement on its website says. “As a Black-owned establishment, it’s our goal to deliver a warm, welcoming, familiar, and communal vibe to all guests,” the statement says.    

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District of Columbia

Doc on Blade reporter Chibbaro scores Emmy nomination

‘Lou’s Legacy’ chronicles 50-year career

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“Lou’s Legacy: A Reporter’s Life at the Washington Blade” has been nominated for a Capital Emmy in the “Documentary – Historical” category by the National Capital Chesapeake Bay Chapter of the National Academy of Television Arts & Sciences. 

“Our members include all of the video content producers who serve our local audiences in Washington, DC, Maryland and Virginia—from the Atlantic to the Appalachians, from Bristol to Baltimore,” said Capitol Emmys President Adam Longo in a press release.

Broadcast last June by WETA PBS in Washington, D.C. and MPT in Maryland, the documentary was directed and produced by Emmy-nominated filmmaker Patrick Sammon in association with the Mattachine Society of Washington, D.C. Additional nominees who worked on the film include producer Julianne Donofrio and editor Amir Jaffer.

“Lou’s Legacy” tells the story of two D.C. icons — legendary Washington Blade reporter Lou Chibbaro Jr. and beloved drag performer Donnell Robinson, known to generations of Washington audiences as “Ella Fitzgerald.” Through Chibbaro’s nearly five-decade career at the Blade and Ella’s return to the stage after a three-year hiatus following COVID, the 29-minute documentary explores the history of Washington’s LGBTQ community and today’s rising backlash against LGBTQ rights, including laws targeting drag performers.

“We’re honored that Lou’s Legacy has been recognized alongside such an impressive group of historical documentaries,” said Sammon. “This nomination is especially meaningful because the film preserves and celebrates the stories of people who helped shape queer history in Washington, DC — often without recognition from mainstream institutions. We’re deeply grateful to the Mattachine Society, Lou Chibbaro Jr., Donnell Robinson, WETA PBS, and everyone who helped bring this project to life.”

“Lou’s Legacy” premiered on WETA PBS in June 2025 during Pride month. The documentary also broadcast on Maryland Public Television and is streaming nationally on PBS.org. WETA will rebroadcast “Lou’s Legacy” several times during Pride month, including June 15 th at 9 p.m. Winners of the Capital Emmy Awards will be announced at the Capital Emmy Gala on June 20 at the Bethesda Marriott Hotel.

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