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Man convicted in 2023 shooting of trans woman requests new trial

Prosecutor disputes claim that victim lied about role as sex worker

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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.

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District of Columbia

Faith programming remains key part of Creating Change Conference

‘Faith work is not an easy pill to swallow in LGBTQ spaces’

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National LGBTQ Task Force Executive Director Kierra Johnson in D.C. in August last year. (Blade photo by Michael K. Lavers)

The National LGBTQ Task Force kicked off the 38th annual Creating Change conference in D.C. this week. This year, as with years past, faith and interfaith programming remains a key part of the conference’s mission and practice. 

For some, the presence of faith work at an LGBTQ+ conference may seem antithetical, and Creating Change does not deny the history of harm caused by religious institutions. “We have to be clear that faith work is not an easy pill to swallow in LGBTQ spaces, and they’re no qualms about saying that we acknowledge the pain, trauma, and violence that’s been purported in the name of religion,” Tahil Sharma, Faith Work Director for the National LGBTQ Task Force, said.

In fact, several panels at the conference openly discuss acknowledging, healing from, and resisting religious harm as well as religious nationalism, including one scheduled today titled “Defending Democracy Through Religious Activism: A panel of experts on effective strategies for faith and multi-faith organizing” that features local queer faith activists like Ebony C. Peace, Rob Keithan, and Eric Eldritch who are also involved in the annual DC Pride Interfaith Service.

Another session will hold space for survivors of religious violence, creating “a drop-in space for loving on each other in healing ways, held by Rev. Alba Onofrio and Teo Drake.”

But Sharma and others who organized the Creating Change Conference explained that “a state of antipathy” towards religious communities, especially those that align with queer liberation and solidarity, is counterproductive and denies the rich history of queer religious activism. “It’s time for us to make a call for an approach to LGBTQ+ liberation that uses interfaith literacy as a tool rather than as a weapon against us,” Sharma explained.

Recognizing a local queer faith icon

Along with the panels, fighting religious nationalism and fostering communion with aligned faith activists and communities is at heart of this year’s faith work. As Sharma shared, “the person that we’re honoring this year for the faith award is Rev. Dr. Sofía Betancourt, and Dr. Betancourt is an amazing leader and someone who really stands out in representing UUs but also representing herself unapologetically.” 

Based in the Washington, D.C. area, Dr. Betancourt has more than 20 years of experience working as a public minister, seminary professor, scholar, and environment ethicist, and public theologian. Her activism is rooted in her lived identities as a queer, multiracial, AfroLatine first-generation daughter of immigrants from Chile and Panama, and has been a critical voice in advancing the United Universalism towards anti-racist and pluralistic faith work. 

Creating a faith-based gathering space

Sharma also said that faith fosters a unique space and practice to encounter grief and joy. For this reason, Sharma wants to “create a space for folks to engage in curiosity, to engage in spiritual fulfillment and grounding but also I think with the times that we’re in to lean into some space to mourn, some space to find hope.” The Many Paths Gathering Space serves this purpose, where visitors can stop for spiritual practice, speak with a Spiritual Care Team member, or just take a sensory break from the bustle of the conference. 

This also means uplifting and foregrounding queer religious ephemera with an ofrenda to honor those who have passed, a display of nonbinary Korean American photographer Salgu Wissmath’s exhibition Divine Identity, and the Shower of Stoles, a collection of about 1,500 liturgical stoles and other sacred regalia representing the lives of lesbian, gay, bisexual, and transgender people of faith.

The Shower of Stoles

The collection was first started in 1995 by Martha Juillerat and Tammy Lindahl who received eighty stoles that accompanied them and lent them solace as they set aside their ordinations from the Presbyterian Church. The whole collection was first displayed at the 1996 General Assembly of the Presbyterian Church in New Mexico. The stoles, according to the Task Force, “quickly became a powerful symbol of the huge loss to the church of gifted leadership.”

Each stole represents the story of a queer person who is active in the life and leadership of their faith community, often sent in by the people themselves but sometimes by a loved one in their honor. About one third of all the stoles are donated anonymously, and over three-quarters of the stoles donated by clergy and full-time church professionals are contributed anonymously. 

The collection shows “not just the deep harm that has been caused that does not allow people to meet their vocation when they’re faith leaders, but it also speaks to how there have been queer and trans people in our [faith] communities since the beginning of our traditions, and they continue to serve in forms of leadership,” Sharma explained. 

Explicit interfaith work

Along with creating a sacred space for attendees, hosting workshops focused on faith-based action, and recognizing DC’s rich queer religious history, Creating Change is also hosting explicitly faith services, like a Buddhist Meditation, Catholic Mass, Shabbat service, Jummah Prayer Service, and an ecumenical Christian service on Sunday. Creating Change is also welcoming events at the heart of queer religious affirmation, including a Name/Gender/Pronoun/Identity Blessing Ritual and a reading and discussion around queer bibles stories with Rev. Sex (aka Rev. Alba Onofrio). 

But along with specific faith-based programs, Sharma explained, “we’re looking to build on something that I helped to introduce, which was the separation of the interfaith ceremony that’s happening this year which is a vigil versus the ecumenical Christian service which is now the only thing that takes place on Sunday morning.”

This includes an Interfaith Empowerment Service this evening and an Interfaith Institute tomorrow, along with “Sing In the Revolution,” an event where folks are invited “to actually engage in the joy and rhythm of resolution and what that looks like,” Sharma said. One of the key activators behind this work is Rev. Eric Eldritch, an ordained Pagan clergy person with Circle Sanctuary and a member of the Pride Interfaith Service planning committee. 

Affirming that queer faith work is part of liberation

The goal for this year, Sharma noted, alongside holding space and discussions about faith-based practice and liberation and intentional interfaith work–is to move from thinking about why faith matters in queer liberation spaces to “how is interfaith work the tool for how we’re engaging in our understanding of de-escalation work, digital strategies, navigating a deeper visioning that we need for a better world that requires us to think that we’re not alone in the struggle for mutual abundance and liberation,” Sharma explained.

It may surprise people to learn that faith work has intentionally been part of the National LGBTQ+ Task Force since its beginning in the 1980s. “We can really credit that to some of the former leadership like Urvashi Vaid who actually had a sense of understanding of what role faith plays in the work of liberation and justice,” Sharma said. 

“For being someone who wasn’t necessarily religious, she certainly did have a clear understanding of the relationship between those folks who are allies, those folks who stand against us, and then those folks who sit in between–those folks who profess to be of religious and spiritual background and also are unapologetically LGBTQ+,” he continued.

This year’s faith programming builds on this rich history, thinking about “a way to kind of open doors, to not just invite people in but our people to go out into the general scene of the conference” to share how faith-based work is a tool, rather than a hindrance, to queer liberation work.

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District of Columbia

Sold-out crowd turns out for 10th annual Caps Pride night

Gay Men’s Chorus soloist sings National Anthem, draws cheers

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A sold-out crowd of 18,347 turned out on Jan. 17 for the 10th annual Pride Night at the Washington Capitals. (Washington Blade photo by Lou Chibbaro, Jr.)

A sold-out crowd of 18,347 turned out on Jan. 17 for the 10th annual Pride Night at the Washington Capitals hockey game held at D.C.’s Capital One Arena.

Although LGBTQ Capitals fans were disappointed that the Capitals lost the game to the visiting Florida Panthers, they were treated to a night of celebration with Pride-related videos showing supportive Capitals players and fans projected on the arena’s giant video screen throughout the game.

The game began when Dana Nearing, a member of the Gay Men’s Chorus of Washington, sang the National Anthem, drawing applause from all attendees.

The event also served as a fundraiser for the LGBTQ groups Wanda Alston Foundation, which provides housing services to homeless LGBTQ youth, and You Can Play, a nonprofit organization dedicated to advancing LGBTQ inclusion in sports.

“Amid the queer community’s growing love affair with hockey, I’m incredibly honored and proud to see our hometown Capitals continue to celebrate queer joy in such a visible and meaningful way,” said Alston Foundation Executive Director Cesar Toledo.

Capitals spokesperson Nick Grossman said a fundraising raffle held during the game raised $14,760 for You Can Play. He said a fundraising auction for the Alston Foundation organized by the Capitals and its related Monumental Sports and Entertainment Foundation would continue until Thursday, Jan. 22

Dana Nearing sings the National Anthem at the Washington Capitals Pride Night on Jan. 17. (Washington Blade photo by Lou Chibbaro, Jr.)

 A statement on the Capitals website says among the items being sold in the auction were autographed Capitals player hockey sticks with rainbow-colored Pride tape wrapped around them, which Capitals players used in their pre-game practice on the ice.

Although several hundred people turned out for a pre-game Pride “block party” at the District E restaurant and bar located next to the Capital One Arena, it couldn’t immediately be determined how many Pride night special tickets for the game were sold.

“While we don’t disclose specific figures related to special ticket offers, we were proud to host our 10th Pride night and celebrate the LGBTQ+ community,” Capitals spokesperson Grossman told the Washington Blade.

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District of Columbia

D.C.’s annual MLK Peace Walk and Parade set for Jan. 19

LGBTQ participants expected to join mayor’s contingent

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D.C.'s annual Martin Luther King Jr. Day Peace Walk and Parade will take place on Jan. 19. (Washington Blade photo by Michael Key)

Similar to past years, members of the LGBTQ community were expected to participate in D.C.’s 21st annual Martin Luther King Jr. Day Peace Walk and Parade scheduled to take place Monday, Jan. 19.

Organizers announced this year’s Peace Walk, which takes place ahead of the parade, was scheduled to begin at 10:30 a.m. at the site of a Peace Rally set to begin at 9:30 a.m. at the intersection of Firth Sterling Avenue and Sumner Road, S.E., a short distance from Martin Luther King Jr. Avenue. 

The Peace Walk and the parade, which is scheduled to begin at 11 a.m. at the same location, will each travel along Martin Luther King Jr. Avenue a little over a half mile to Marion Barry Avenue near the 11th Street Bridge where they will end.

Japer Bowles, director of D.C. Mayor Muriel Bowser’s Office of LGBTQ Affairs, said he and members of his staff would be marching in the parade as part of the mayor’s parade contingent. In past years, LGBTQ community members have also joined the mayor’s parade contingent.  

Stuart Anderson, one of the MLK Day parade organizers, said he was not aware of any specific LGBTQ organizations that had signed up as a parade contingent for this year’s parade. LGBTQ group contingents have joined the parade in past years.   

Denise Rolark Barnes, one of the lead D.C. MLK Day event organizers, said LGBTQ participants often join parade contingents associated with other organizations.  

Barnes said a Health and Wellness Fair was scheduled to take place on the day of the parade along the parade route in a PNC Bank parking lot at 2031 Martin Luther King Jr. Ave., S.E.

A statement on the D.C. MLK Day website describes the parade’s history and impact on the community.

“Established to honor the life and legacy of Rev. Dr. Martin Luther King, Jr., the parade united residents of Ward 8, the District, and the entire region in the national movement to make Dr. King’s birthday a federal holiday,” the statement says. “Today, the parade not only celebrates its historic roots but also promotes peace and non-violence, spotlights organizations that serve the community, and showcases the talent and pride of school-aged children performing for family, friends, and community members.”

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