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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

Bowser appoints first nonbinary person to Cabinet-level position

Peter Stephan named Office of Disability Rights interim director

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The Wilson Building (Bigstock photo by Leonid Andronov)

D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.

The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.

“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.

The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.

The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.

Stephan couldn’t immediately be reached for comment.

“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.

“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel. 

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District of Columbia

Capital Stonewall Democrats set to celebrate 50th anniversary

Mayor Bowser expected to attend March 20 event

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Mayor Bowser is expected to attend the Capital Stonewall Democrats 50th gala. (Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser, members of the D.C. Council, and local and national Democratic Party officials are expected to join more than 150 LGBTQ advocates and supporters on March 20 for the 50th anniversary celebration of the city’s Capital Stonewall Democrats.   

 A statement released by the organization says the event is scheduled to be held at the Pepco Edison Place Gallery building at 702 8th St., N.W. in D.C.

“The evening will honor the people who built Capital Stonewall Democrats across five decades – activists who fought for rights when the odds were against them, public servants who opened doors and refused to let them close, and a new generation of leaders ready to carry the work forward,” the statement says.

Founded in 1976 as the Gertrude Stein Democratic Club, the organization’s members voted in 2021 to change its name to the Capital Stonewall Democrats.

Among those planning to attend the anniversary event is longtime D.C. gay Democratic activist Paul Kuntzler, 84, who is one of the two co-founders of the then-Gertrude Stein Democratic Club. Kuntzler told the Washington Blade that he and co-founder Richard Maulsby were joined by about a dozen others in the living room of his Southwest D.C. home at the group’s founding meeting in January 1976.

He said that among the reasons for forming a local LGBTQ Democratic group at the time was to arrange for a then “gay” presence at the 1976 Democratic National Convention, at which Jimmy Carter won the Democratic nomination for U.S. president and later won election as president.

Maulsby, who served as the Stein Club president for its first three years and who now lives in Sarasota, Fla., said he would not be attending the March 20 anniversary event, but he fully supports the organization’s continuing work as an LGBTQ organization associated with the Democratic Party.

Steven McCarty, Capital Stonewall Democrats’ current president, said in the statement that the anniversary celebration will highlight the organization’s work since the time of its founding.

 “Capital Stonewall Democrats has been fighting for LGBTQ+ political power in this city for 50 years, electing people, training organizers, holding this community together through some really hard moments,” he said. “And right now, with everything going on, that work has never mattered more. This gala is the first moment of our next chapter, and I want the community to be a part of it.”

The statement says among the special guests attending the event will be Democratic National Committee Vice Chair Malcolm Kenyatta, who became the first openly gay LGBTQ person of color to win election to the Pennsylvania General Assembly in 2018.

Other guests of honor, according to the statement, include Mayor Bowser; D.C. Council member Zachary Parker (D-Ward 5, the Council’s only gay member; D.C. Council member Anita Bonds (D-At-Large); Earl Fowlkes, founder of the  International Federation of Black Prides; Vita Rangel, a transgender woman who serves as Deputy Director of the D.C.  Mayor’s Office of Talent and Appointments; Heidi Ellis, director of the D.C. LGBTQ Budget Coalition; Rayceen Pendarvis, longtime D.C. LGBTQ civic activist; and Phillip Pannell, longtime D.C. LGBTQ Democratic activist and Ward 8 civic activist.

Information about ticket availability for the Capital Stonewall Democrats anniversary gala can be accessed here: capitalstonewalldemocrats.com/50th

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District of Columbia

Owner of D.C. gay bar Green Lantern John Colameco dies at 79

Beloved businessman preferred to stay ‘behind the scenes’

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John Colameco, owner of the Green Lantern, died of undisclosed causes.

John Colameco, owner of the popular D.C. gay bar Green Lantern, has died, according to a March 7 announcement posted on the bar’s website and Instagram account. The announcement didn’t provide a date of his passing or a cause of death.

Green Lantern manager Howard Hicks said Colameco was 79 at the time of his passing.

“It is with great sadness that Green Lantern announces the death of our beloved owner, John Colameco,” the announcement says. “Most of our patrons might have heard John’s name, but might not have known his face,” it says.

“He was a ‘behind-the-scenes’ kind of guy who avoided the limelight,” the announcement continues. “He preferred to stay in the back of the house with staff and team ensuring everything was running smoothly so that everyone out front was having a good time.”

The announcement adds, “As a veteran and businessman, John wasn’t a member of the LGBTQ + community, but he was one of the best damn allies our community has ever had.”

It says he “long provided spaces for the queer community to come together” since the 1990s when he owned and operated a popular restaurant on 17th Street, N.W. called Peppers.

According to the announcement, Colameco and his then business partner Greg Zehnacker opened the Green Lantern in 2001 in an alley off of 14th Street, N.W., between Thomas Circle and L Street, N.W. 

The announcement points out that the Green Lantern first opened in the same location in the early 1990s before it later closed when the original owners decided to purchase and open other bars, one of which was the gay bar Fireplace near Dupont Circle. Colameco and Zehnacker were able to reopen the bar with the Green Lantern name.

“When Greg died unexpectedly in February 2014, John remained steadfastly committed to carrying on their vision and ensuring that Green Lantern remained part of the fabric of D.C.’s queer community,” the announcement says.

“Over the years, through Green Lantern, John has provided support to many community organizations, most notably Stonewall Sports, the Gay Men’s chorus of Washington, and ONYX Mid-Atlantic with Green Lantern serving as a gathering hub for their activities,” it states.

The announcement adds that Colameco’s family was planning a memorial for him in his hometown of Philadelphia.

“His Green Lantern family will celebrate his life by operating the bar as usual and we encourage you to stop by and join us,” it says. “Community coming together and having a good time – it’s exactly what John would want.”

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