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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

JR.’s hosts meet & greet for mayoral candidate Janeese Lewis George

Event organized by Capital Stonewall Democrats, Queers for Janeese

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From left, Matthew Kavanagh of Queers for Janeese and D.C. Council member Janeese Lewis George attend a campaign event at JR.'s Bar on June 1. (Washington Blade photo by Lou Chibbaro Jr.)(Washington Blade photo by Michael Key)

D.C. mayoral candidate Janeese Lewis George spoke to a crowd of LGBTQ supporters on June 1 at a meet & greet event held at JR.’s on 17th Street in the Dupont Circle neighborhood.

The event, organized by Capital Stonewall Democrats, which has endorsed Lewis George for mayor, with support from a group called Queers for Janeese, was followed by a “get out the vote” canvassing endeavor in which several of those attending the meet & greet visited the homes of nearby residents known to be Lewis George supporters.

The purpose of the canvassing was to remind Lewis George supporters to return their mail-in ballots or go to the polls on June 16 to elect Lewis George as the city’s next mayor, according to Matthew Kavanagh, one of the leaders of Queers for Janeese who attended the meet & greet event at JR.’s.

Local political observers consider Lewis George, a Ward 4 D.C. Council member, and former At-Large D.C. Council member Kenyan McDuffie, to be the two leading candidates in this year’s race for mayor. The two are among seven mayoral candidates competing in the city’s June 16 Democratic primary.

Lewis George told those attending the meet & greet, which was held on the JR.’s outdoor patio, that she has a long record of advocating for and initiating city polices and laws in support of the LGBTQ community. She said large corporate donors were backing her opponents and urged her LGBTQ supporters to help raise funds for her in the remaining days of the campaign.

Among those attending the meet & greet was gay longtime Dupont Circle civic activist Randy Downs who last November opened a nearby eatery called Protest Pizza. “I am queer and I am a Janeese supporter,” Downs told the Blade.

Stevie McCarty, president of Capital Stonewall Democrats, who also spoke at the meet & greet event, said his group would organize events in support of Lewis George in the remaining days of the campaign. Among them, he said, was an LGBTQ bar crawl in which supporters of Lewis George, including the candidate herself, would visit LGBTQ bars to promote her candidacy.

D.C. Council member Janeese Lewis George, fifth from the right on the first row, stands with supporters outside of JR.’s on Monday, June 1. (Washington Blade photo by Lou Chibbaro, Jr.)
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District of Columbia

D.C. kicks off Pride month with flag raising ceremony

Mayor, Council members join LGBTQ activists in 4th annual event

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Members of the D.C. Council joined Mayor Muriel Bowser for the flag raising on Monday. (Washington Blade photo by Michael Key)

Members of the D.C. Council joined Mayor Muriel Bowser and a crowd of LGBTQ activists and supporters on June 1 for the city’s fourth annual LGBTQ Pride flag raising ceremony held outside the John A. Wilson Building, which serves as the D.C. City Hall.

Since its inception four years ago by Mayor Bowser, the event has served as the official kickoff of D.C. Pride month, which culminates this year with the annual Capital Pride Parade on June 20 and Pride festival on June 21, which takes place on Pennsylvania Avenue, N.W. near the U.S. Capitol.

“As I like to say, we’re celebrating Pride month in the gayest city in the world,” Bowser told a crowd that included city officials and Council members joining her on the front steps of the Wilson Building.

“Fifty-one years of Pride in the future 51st state,” she said, adding, “And both movements are rooted in the same belief – every person deserves to be seen, heard, and fully represented.”

Among those who spoke at the event in addition to Bowser were Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs; D.C. Attorney General Brian Schwalb; and D.C. Council Chair Phil Mendelson (D-At-Large).

“This year is special,” Bowles told the gathering. “It’s special because we celebrate the 20th anniversary of the Mayor’s Office of LGBTQ Affairs,” he said. “For two decades this office has helped make Washington, D.C. one of the most welcoming and affirming cities in the world.”   

He added, “We have expanded LGBTQ services across agencies, invested millions of dollars into community organizations, championing culturally competent care and training, supporting LGBTQ supportive businesses and workers and celebrated our history.”

Schwalb said his Office of the D.C. Attorney General continues to safeguard the city’s laws protecting residents against discrimination but expressed concern about “high court” rulings that he said continue to roll back civil rights, voting rights, and human rights.

He said, “We’re seeing cases limiting medical care for transgender youth while at the same time green lighting so-called conversion therapy.” He pointed to cases or policies “excluding transgender girls from participating in sports and excluding story books with LGBTQ characters from our school libraries.”

He said his office is committed to protecting all residents, including LGBTQ residents, from all forms of discrimination. “And that includes the right to be our authentic selves, to freely express our identities and ourselves to be who we are and to love who we love.”     

Mendelson, who also expressed strong support for the LGBTQ community and for the upcoming Pride events, said 10 of the Council’s 13 members were attending the Pride flag raising event, including gay Council member Zachary Parker (D-Ward 5).

“I’m just here with gratitude,” Parker told the Washington Blade. “There’s a lot to be grateful for and a lot more to fight for,” he said. “And so, raising this flag is a reminder that our government is here to serve all of our residents regardless of how you identify or who you love.”

Shortly after Mendelson spoke, D.C. Council member Janeese Lewis George (D-Ward 4), who is running for mayor in the city’s June 16 primary, arrived at the event, becoming the 11th Council member to turn out for the event.

Among those also attending the event were Ryan Bos and June Crenshaw, the two top officials of the Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events.

Bowser, who is not running for re-election this year and will be stepping down as mayor in January 2027, thanked those attending the Pride flag raising event for playing a role in an all-inclusive city.

“We speak with one clear voice – that D.C. is a welcoming city,” she said in her remarks. “But also, we know that our work has been robust, but it is not done. We fly this flag in front of the John A. Wilson Building because it tells a story,” she said.

“It tells a story of a city that takes care of itself,” she added. “And we take care of each other. We are a city that is diverse and welcoming.”

Serving as the event’s master of ceremony and who introduced Bowles as the first speaker was longtime D.C. drag performer Tara Hoot.  

(Washington Blade photo by Michael Key)
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District of Columbia

D.C. Pride flag raising ceremony set for June 1

Mayor, council members to participate

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D.C. Mayor Muriel Bowser at the flag-raising of the Progress Pride flag at the Wilson Building in D.C. on June 1, 2023. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser’s Office of LGBTQ Affairs is inviting the LGBTQ community and friends to attend the city’s annual Pride flag raising ceremony scheduled for 4 p.m. Monday, June 1, outside the John Wilson Building that serves as the D.C. City Hall.

Like in prior years, members of the D.C. Council and officials with the Office of LGBTQ Affairs were expected to join Bowser in delivering remarks on the front entrance steps at the Wilson Building before raising the Pride flag atop one of the tall flagpoles next to the building’s entrance.

Gaby Vincent, a spokesperson for the LGBTQ Affairs Office, said attendees of the flag raising ceremony will be invited to attend a reception immediately following the ceremony in the main lobby of the Wilson Building, which is located on Pennsylvania Avenue at 14th Street, N.W.

She said the reception will feature a DJ, dancing, and refreshments provided by the D.C. LGBTQ bar and café Spark Social House.  

Vincent said the flag raising event will also mark the 20th anniversary of the opening of the D.C. Mayor’s Office of LGBTQ Affairs.

In its official announcement of the flag raising event the LGBTQ Affairs Office also announced it is hosting the 7th annual District of Pride Showcase event to be held Friday, June 17, at 7 p.m. at the Lincoln Theater.

The announcement says LGBTQ community members, families, and allies are also invited to walk with Bowser in the Capital Pride Parade scheduled for Saturday, June 20. It says the mayor’s parade contingent will assemble at 2 p.m. at the parade’s starting location at 14th and U Streets, N.W.

“As we also celebrate the 20th anniversary of the Mayor’s Office of LGBTQ Affairs, we invite residents, community members, families and allies to join us throughout June for moments of pride, connection, visibility, and joy,” the announcement says.  

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