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District of Columbia

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

Both sides propose revised orders in Capital Pride stalking case

Defendant Darren Pasha agreed to accept less restrictive directive

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Darren Pasha (Washington Blade photo by Michael Key)

An evidentiary hearing in D.C. Superior Court on April 29 in which the Capital Pride Alliance presented three of four planned witnesses to testify in support of its civil complaint that D.C. gay activist Darren Pasha engaged in a year-long effort to harass, intimidate, and stalk its staff, board members, and volunteers ended abruptly at the direction of the judge.

Judge Robert D. Okun announced from the bench that the hearing, which was intended provide Capital Pride an opportunity to present evidence in support of its request to reinstate an anti-stalking order against Pasha that the judge temporarily rescinded on April 17, was no longer needed because Pasha stated at the hearing that he is willing to accept a revised, less restrictive temporary restraining order.

Pasha made that statement after two Capital Pride witnesses — June Crenshaw and Vincenzo Volpe — each testified in support of the stalking allegations against Pasha for over an hour under questioning from Capital Pride attorney Nick Harrison and under cross-examination from Pasha, who is representing himself without an attorney.

After Capital Pride’s third witness, Tifany Royster, testified for just a few minutes, and after the judge called a recess for lunch and to attend to an unrelated case, Pasha announced that after obtaining legal advice he determined that he was unsuited to continue cross-examining the witnesses. He said he would be willing to accept a significantly less restrictive temporary restraining order.

Okun then ruled that the evidentiary hearing was no longer needed and directed Capital Pride and Pasha to submit to him their version of a revised stay away order. He said he would use their proposed revisions to help him develop his own order, which he would issue after deliberating over the matter.

He also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the case without going to trial. He then adjourned the hearing at 3:50 p.m.

The online Superior Court docket for the case stated after the hearing ended that the judge would issue “a new modified Temporary Protective Order,” but it did not say when it would be issued.   

Shortly before the April 29 hearing began at 11 a.m., Harrison filed a “Draft Temporary Anti-Stalking Order” that included a list of 34 “Protected Persons” that Harrison said during the hearing were affiliated with Capital Pride Alliance as staff and board members, volunteers, and others associated with the group.

The proposed order stated, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communications, or any other means.”

The proposal represented a significant change from Capital Pride’s initial civil complaint against Pasha filed in February that Pasha claimed called for him to stay away at least 200 yards from all Capital pride staff, board members, and volunteers without naming them. Okun granted that stay away request in February but reduced the stay away distance to 100 feet.

Capital Pride attorney Harrison disputes Pasha’s interpretation of the order, saying the 100-foot stay-away was for events, not for individual Capital Pride staff, volunteers, or board members. He said the order prohibited Pasha from engaging in any way with the Capital Pride staffers, volunteers or board members.

But the proposed order Capital Pride at first submitted at the April 29 hearing  also called for Pasha to stay away from and to not attend as many as 25 Capital Pride events scheduled to take place this year from April 30 through June 21 and for him to say away from the Capital Pride office located at 1827 Wiltberger St., N.W., which is the building in which it shares with the DC LGBTQ Community Center.

At the April 29 hearing, at Pasha’s request, Okun called on Capital Pride to consider allowing Pasha to attend at least the two largest events — the Capital Pride Parade and Festival — which draw over 500,000 participants.

Harrison said in a follow-up message to the judge following the hearing that Capital Pride would allow Pasha to attend those two events and one other as long as he stays away from “ticketed and controlled access areas.”

At an April 17 status hearing Okun rescinded the earlier stay away order at Pasha’s request, among other things, on grounds that it was too vague and didn’t provide Pasha with sufficient specific information on who to stay away from. It was at that hearing that Okun scheduled the April 29 evidentiary hearing, saying it would give Capital Pride a chance to provide sufficient evidence to justify an anti-stalking order and Pasha an opportunity to challenge the evidence.  

In his own response to the initial civil complaint filed in February and in subsequent court filings, Pasha has strongly denied he engaged in stalking and has alleged that the complaint was a form of retaliation against him over a dispute he has had with Capital Pride and its former board president, Ashley Smith.

Like its initial complaint filed in February, Capital Pride filed a multipage document at the start of the April 29 hearing with written testimony from staff members and volunteers who allege that Pasha did engage in stalking, harassment, and intimidating behavior toward them and others.

Like Capital Pride, Pasha following the April 29 hearing, filed his own proposed version of the stay away order with significantly less restrictions than the Capital Pride proposal. Among other things, it calls for him to restrict his contact with Capital Pride CEO Ryan Bos and Crenshaw but says it “does not by its terms restrict the defendant’s communications with any other person, entity, governmental body, or media outlet.”

“Darren Pasha sent multiple messages to us and to the court after the proceedings asking for further modifications — which we are not accepting or responding to,” Harrison told the Blade in response to a request for further comment on Judge’s request for each side to submit proposed revisions of the stay away order.

“We appreciate the court’s time and careful attention to the evidence presented today,” Harrison told the Washington Blade in a written statement after the hearing. “This process was about bringing forward the experiences of individuals who reported a pattern of conduct that caused fear, serious alarm, and emotional distress,” he said.

“Capital Pride Alliance remains committed to ensuring that our events and community spaces are safe, welcoming, and free from harassment and we will continue to take appropriate steps to support and protect our community,” his statement says.

“I am happy with what we have accomplished so far,” Pasha told the Blade after the hearing.  “I’m just waiting to see what will happen next. But I want to reiterate this goes back to when someone treats you wrong you speak up,” he said. “Even if I lose this case, I am glad that I spoke up and raised concerns.”

He added, “I will just be confident that in the next couple of months the truth will come out. But for now, I am happy with the progress that we have made regarding this.”

This story will be updated when the judge issues his revised stay away order.

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District of Columbia

U.S. Attorney’s Office fails to reinstate hate crime charge in anti-gay assault

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(Photo by chalabala/Bigstock)

The Office of the U.S. Attorney for D.C., which prosecutes criminal cases in the District, has decided not to reinstate a hate crime designation filed by D.C. police against a man arrested in February for allegedly assaulting a gay man while using “homophobic slurs.”

After prosecutors with the U.S. Attorney’s Office initially dropped the hate crime designation filed by police shortly after the alleged attacker was arrested on Feb. 7, a spokesperson for the office told the Washington Blade the case was still under investigation, and additional charges could be filed.

“We continue to investigate this matter and make no mistake: should the evidence call for further charges, we will not hesitate to charge them,” a statement released by the office in February said. 

But D.C. Superior Court records show the case against defendant Dean Edmundson, 26, of Germantown, Md., who is now charged with Simple Assault without a hate crime designation, is scheduled to go to trial on Aug. 18.

The U.S. Attorney’s Office this week did not immediately respond to a message from the Blade asking why it chose not to reinstate the hate crime designation.

An affidavit in support of the arrest filed in court by D.C. police appears to support the charge of a hate crime designation. It says the incident occurred around 7:45 p.m. on Feb. 7 at the intersection of 14th and Q Streets, N.W., which is near two D.C. gay bars.

“The victim stated that they refused to High-Five Defendant Edmundson, which, upon that happening, Defendant Edmundson started walking behind both the victim and witness, calling the victim bald, ugly, and gay,” the arrest affidavit states.

“The victim stated that upon being called that, Defendant Edmundson pushed the victim with both hands, shoving them, causing the victim to feel the force of the push,” the affidavit says, adding, “The victim stated that they felt offended and that they were also gay.”     

Under D.C.’s Bias Related Crimes Act of 1989, penalties for crimes motivated by prejudice and hate against individuals based on race, religion, sexual orientation, gender identity disability, and homelessness can be enhanced by a judge upon conviction by one and a half times greater than the penalty of the underlying crime. 

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District of Columbia

Community mourns passing of D.C. trans rights advocate SaVanna Wanzer

Acclaimed activist credited with founding D.C. Trans Pride

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SaVanna Wanzer (Washington Blade file photo by Michael Key)

Three D.C.-based LGBTQ advocacy organizations released statements on April 24 announcing that highly acclaimed D.C. transgender rights advocate SaVanna Wanzer has passed away. 

A family member told the Blade that Wanzer died on Friday, April 24 of natural causes. She was 63.

Among other things, the advocacy groups noted that Wanzer is credited with being the lead founder of the D.C. Trans Pride and D.C. Black Trans Pride celebrations and events.

 “As a trailblazing transgender activist, educator, and founder of D.C. Trans Pride, D.C. Black Trans Pride, and May Is All About Trans, SaVanna created and led transformative transgender programming during D.C. Black Pride that ensured trans voices, stories, leadership, and lived experiences were centered, celebrated, and protected,” according to the statement from the Center for Black Equity, an LGBTQ organization.

“Her work was not just about representation, it was about liberation, community, and making sure Black Trans lives were honored in rooms, stages, policies, and movements that too often overlooked them,” the statement says.

In its own statement, the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, called Wanzer an icon of D.C.’s Black trans community and longtime leader in many LGBTQ organizations. 

“SaVanna Wanzer was a D.C. legend,” Tori Cooper, HRC’s Director of Strategic Outreach and Training, said in the statement. “She advocated for many years for the trans community and for people living with HIV, and served with many organizations, including D.C. Black Pride, Capital Pride, and NMAC [National Minority AIDS Council],” the statement adds.

“I can say firsthand that SaVanna will not just be missed for her work, but for her sisterly wisdom and her sense of humor,” Cooper said in the HRC statement.

In its own statement, Capital Pride Alliance, which organizes D.C.’s annual LGBTQ Pride events, called Wanzer a “trailblazer” in her role as founder of Capital Trans Pride, D.C. Black Trans Pride, and the May Is All About Trans events. It says she served on the Capital Pride Board of Directors 

“SaVanna was not just an advocate and community organizer but also a knowledge holder and elder voice in our movement,” the statement adds

In an undated statement on its website released before Wanzer’s passing, the D.C. group Food and Friends, which provides home-delivered meals to people in need, including people with HIV and cancer, says Wanzer had been one of its clients in the past. It says she had been living with heart problems since she was 16 and learned she had HIV in 1985 when she went to donate blood while working at the time for the U.S. Department of Veterans Affairs. It also says she had diabetes, which was under control.

Among her many involvements, Wanzer also served as a volunteer for D.C.’s Whitman-Walker Health, which provides medical services for the LGBTQ community along with other communities. In 2015, Whitman-Walker selected  Wanzer as the first recipient of its Robert Fenner Urquhart Award for her volunteer services at Whitman-Walker for more than 20 years.

The Center for Black Equity appeared to capture the sentiment of those in the LGBTQ community who knew Wanzer in the concluding part of its statement on her passing.  

“Her vision continues to guide us,” it says. “Her courage continues to inspire us. Her impact will continue to live through every person, every Pride, and every space made more possible because she dared to lead,” it says. “Rest in power, SaVanna Wanzer. Your light remains with us.”

Mayor Muriel Bowser posted a remembrance on social media: “I am deeply saddened by the passing of SaVanna Wanzer. SaVanna Wanzer’s impact spans more than three decades in Washington, DC. The founder of DC Trans Pride, DC Black Trans Pride, and May Is All About Trans, she was a fierce advocate and a beloved leader. We are grateful for SaVanna’s commitment to making sure that transgender people—especially Black trans residents—are visible and respected.

“Her legacy lives on in the communities she built and the countless lives she touched. My condolences are with all who loved SaVanna Wanzer.”

The family member said funeral arrangements are expected to be announced early next week. This story will be updated.

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