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Hearing postponed for gay D.C. gym owner charged with distributing child porn

Prosecutors call for Everts to be held in jail until trial

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Michael Everts will likely remain in jail until a Jan. 10 hearing in his case. (Washington Blade file photo by Michael Key)

A detention hearing scheduled for Monday, Dec. 4, in which a judge would decide whether gay D.C. gym owner Michael Everts should remain in jail or be released while he awaits a trial on a charge of distribution of child pornography was postponed with no immediate date set to reschedule it.

However, records with the U.S. District Court for the District of Columbia, before which the case is being held, show that Everts’s defense attorney later in the day on Dec. 4 filed a motion in which Everts waived his right to a detention hearing and requested that a preliminary hearing be scheduled on Jan. 10, 2024.

In his motion, defense attorney David Benowitz says the lead prosecutor with the Office of the U.S. Attorney for D.C. does not oppose this request. As of Tuesday morning, the magistrate judge presiding over the case had not ruled on Benowitz’s motion.

But an entry in the court record on  Wednesday, Dec. 5, states that Magistrate Judge G. Michael Harvey approved the motion and agreed to set the date for the preliminary hearing on Jan. 10 at 4 p.m. The court record shows that Magistrate Judge Robin M. Meriweather will preside over the preliminary hearing, in which prosecutors must present evidence, sometimes through testimony by witnesses, that probable cause or sufficient evidence exists to proceed to a trial. Meriweather will issue a ruling on whether probable cause exists.

Everts has been held without bond since the time of his arrest on Nov. 29 on a single charge of distribution of child pornography following a joint D.C. police-FBI investigation that led to his arrest.

He has owned and operated the FIT Personal Training gym located at 1633 Q St., N.W., near Dupont Circle since its opening in 2002.

Court records show that Benowitz filed a motion on Dec. 3 seeking a one-day postponement of the detention hearing to give him time to review the evidence presented by prosecutors with the U.S. Attorney’s office. But Benowitz’s second motion waiving Everts’s right to a detention hearing and calling for a preliminary hearing on Jan. 10 appears to have voided his first motion and will result in Everts being held in jail until at least the time of the preliminary hearing in January.  

“Mr. Everts has been advised of his rights under the Speedy Trial Act (“STA”) and agrees to toll the time under the STA until the next hearing in this matter,” Benowitz’s second motion states. 

On Dec. 1, Assistant U.S. Attorney Jocelyn Bond, the lead prosecutor in the case, filed a 20-page Memorandum In Support of Pretrial Detention that describes the government’s evidence against Everts and argues strongly in favor of having Everts held in custody at least until the time of his trial.

“Distribution of Child Pornography is a crime of violence and there is no condition or combination of conditions that will reasonably assure the safety of children in the community – both in the physical world and online – if Mr. Everts is released,” the memorandum states.

The memorandum notes that Everts’s arrest came about after an employee at the gay and bi hookup site Sniffies alerted the FBI that a Sniffies user was exchanging messages with other users expressing an interest in images of underage boys for sexual gratification. A joint FBI and D.C. police investigation traced the messages to Everts, according to an arrest affidavit and the U.S. Attorney’s memo.

The affidavit and memo point out that an undercover D.C. police detective working with the FBI and posing as someone interested in underage boys contacted Everts through the Sniffies site and a social media messaging address of @ethaneffex. The undercover detective, who is identified in charging documents as the “online covert employee” or “OCE,” engaged in messaging with Everts that prompted Everts to send the OCE video and photo images of child pornography, the arrest affidavit and memo state.

The memo seeking pretrial detention for Everts says Everts went beyond just expressing interest in viewing or sending the OCE child porn videos or photos but also described his interest in interacting with and possibly having sex with underage boys he knew.

“On multiple occasions he discussed his sexual interest in actual children that he encountered in his life, particularly emphasizing his desire to sexually abuse Minor 1 and noting that he had surreptitiously recorded Minor 1 at the playground in the past,” the memorandum says.

“Not only did he send photos of these children to someone whom he had reason to believe also had a sexual interest in children,” the memo states, “but he sent multiple voice messages to the OCE reiterating his sexual interest in Minor 1 – as well as in Minor 2 and other unknown minors — and describing the specific sexual acts he wanted to engage in with these minors.”

The memo adds, “Only amplifying his danger to children, Everts then bragged about having previously engaged in sex with a minor and his willingness to sexually abuse a child as young as 10 years old.”

Benowitz, Everts’s attorney, didn’t immediately respond to a request by the Washington Blade for comment on the case and whether he or his client dispute any of the allegations against Everts brought by prosecutors.

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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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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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