District of Columbia
Man convicted in 2023 shooting of trans woman requests new trial
Prosecutor disputes claim that victim lied about role as sex worker
A man found guilty by a D.C. Superior Court jury on Sept. 24 of aggravated assault while armed and four additional gun related charges for the Nov. 29, 2023, shooting of a transgender female sex worker in a Northeast D.C. apartment building is requesting through his attorney that the verdict be overturned and a new trial be held.
Court records show that the attorney representing D.C. resident Jerry Tyree, 46, filed a motion on Sept. 29 requesting a new trial, five days after the jury handed down its guilty verdict, on grounds that “newly discovered evidence” shows the victim allegedly perjured herself while testifying at the trial about her role as a sex worker.
Testimony by key prosecution witnesses at the trial, including Kayla Fowler, the victim, and police investigators, pointed out that Tyree and Fowler first met at the intersection of Eastern Avenue, N.E. and Foote Street, N.E., an area known as a gathering place for female trans sex workers, around 2 p.m. on Nov. 29, 2023,
“After negotiating a price for oral sex, the defendant and the victim walked together into a nearby apartment building, where the victim performed oral sex on the defendant,” according to a statement released after the trial by the Office of the U.S. Attorney for D.C.
“The defendant then accused the victim of robbing him, and when she denied doing so, the defendant pulled out a small silver handgun and shot the victim directly into the penis before leaving the scene,” the statement says. “Police were called by a neighbor, and the victim was transported to the hospital, where she underwent multiple surgeries,” it says.
Evidence presented by police and prosecutors at the trial showed that on Dec. 30, 2023, a month after the shooting, police arrested Tyree after finding him in possession of a gun that was found to be the same handgun used to shoot Fowler.
Tyree testified at his trial that it was Fowler who had the gun and pulled it out after he accused her of stealing about $80 in cash from his pants pocket at the time she was performing oral sex on him. He told the jury he attempted to grab the gun from Fowler, which led to a struggle during which the gun fired, and Fowler was struck by a single bullet.
Court observers have said the jury clearly did not believe Tyree’s version of what happened and appeared to find the evidence presented by prosecution witnesses, including Fowler’s testimony, persuasive and prompted them to render a guilty verdict.
Prior to the defense motion for a new trial, a sentencing hearing for Tyree had been scheduled for Dec. 13. D.C. Superior Court Judge Errol Arthur, who is presiding over the case, changed the sentencing hearing to a status hearing pending the outcome of the motion calling for a new trial.
The Washington Blade couldn’t immediately obtain a copy of the defense motion seeking a new trial, which was not available in online court records and a court official couldn’t immediately access the document and provide it to the Blade. Tyree’s defense attorney, Sara Kopecki, didn’t respond to a Blade request seeking a copy of her motion.
But a court official was able to provide the Blade with the 21-page motion filed by the lead prosecutor in the case, Assistant U.S. Attorney Anthony Cocuzza, opposing the defense request for a new trial and disputing the defense claim that Fowler perjured herself on the witness stand during the trial.
According to prosecutor Cucuzza’s motion, the defense motion “patently misquotes the victim’s trial testimony” by claiming she testified that she “was now working as a peer educator for a nonprofit organization in Baltimore” and “no longer” working as a prostitute, feigning a “salvation story” to the jury.
Court records show that the nonprofit group she worked for was the LGBTQ supportive social services group Safe Haven, which has offices in Baltimore and D.C. Iya Dammons, Safe Haven’s executive director, told the Blade Fowler did well during the short time she worked there. Dammons said Fowler resigned from her job, saying she wanted to move to her mother’s home that may have been in North Carolina.
The prosecutor’s motion opposing a new trial states that the so-called new evidence that the defense motion refers to is a D.C. police report stating that Fowler went to the D.C. police Sixth District station to report that she was accosted by a man who threatened to kill her on Sept. 21 at 5920 Foote St., N.E., on the same block of the apartment building where she was shot.
The defense motion seeking a new trial, according to the prosecutor’s motion in opposition to a new trial, claims that Fowler was at the location where she was accosted while engaging in prostitution. The defense motion claims this proves Fowler lied on the witness stand when she said her work at Safe Haven in Baltimore gave her an opportunity to “change my life after that incident where I got shot” and implied she was no longer engaging in sex work.
The defense motion points out that she was engaging in prostitution while Tyree’s trial was still going on and a short time after she testified at the trial.
In his motion opposing a new trial, prosecutor Cocuzza says Fowler never stated in her trial testimony that she was no longer engaging in sex work. “Thus, the defense’s filing patently misquotes the victim’s trial testimony, and the victim did not lie under oath based on this ‘new evidence,’” Cocuzza’s motion states.
Cocuzza adds in his motion opposing a new trial, “Second, the victim’s return to prostitution after the close of evidence in this case would not ‘probably’ produce an acquittal, as the jury heard at length and in graphic detail about the victim’s sex work, which was a focal point of the trial.” He further adds in his motion, “The fact that she returned to the profession after the close of evidence has absolutely no impact on our trial.”
Defense attorney Kopecki did not respond to a Blade request for comment on the prosecutor’s motion opposing a new trial.
Court records show that on Dec. 11 Kopecki requested, and prosecutors did not oppose, her request for more time to file a response to the prosecutor’s lengthy motion opposing a new trial. The court records show that Judge Arthur granted the request and extended the deadline for her to submit her reply to Jan. 3, 2025.
It couldn’t immediately be determined when Judge Arthur plans to issue a ruling on whether or not a new trial should be held.
District of Columbia
Both sides propose revised orders in Capital Pride stalking case
Defendant Darren Pasha agreed to accept less restrictive directive
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.
District of Columbia
U.S. Attorney’s Office fails to reinstate hate crime charge in anti-gay assault
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.
District of Columbia
Community mourns passing of D.C. trans rights advocate SaVanna Wanzer
Acclaimed activist credited with founding D.C. Trans Pride
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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