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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

Trayon White, ousted by colleagues, wins Ward 8 special election

Indicted Council member expected to regain seat

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Former D.C. Council member Trayon White could return to office despite his indictment. (Washington Blade file photo by Lou Chibbaro, Jr.)

Former D.C. Council member Trayon White (D), who was expelled by his fellow Council members following his indictment on a federal bribery charge, is the projected winner of the July 15 Ward 8 special election.

With nearly all votes counted by around 8:30 p.m. on Election Day except for ballots cast by mail on the 15th or a few days earlier, and a relatively small number of absentee and “special” ballots, the D.C. Board of Elections announced White was ahead of his three Democratic opponents with 1,987 votes or 29.46 percent of the vote.

The vote count released by the Board of Elections showed Democratic rivals Sheila Bunn receiving 1,627 votes or 24.13 percent; Mike Austin receiving 1,584 votes or 23.49 percent; and Salim Adofo with 1,405 votes or 22.17 percent.

White has pleaded not guilty to the bribery charge filed against him by the FBI, and under D.C. law, he can retake his Council seat if he wins the election up until the time he is convicted. His trial is scheduled to begin in January 2026.

Political observers, including LGBTQ activists, have said they believed LGBTQ voters, like most if not all voters in Ward 8, were divided over which of the four candidates to support. Each of the four, including White, has expressed support for LGBTQ-related issues.

The preliminary results show that White was ahead of Bunn, who had the second highest vote count, by 354 votes. He was ahead of Austin by 397 votes and ahead of Adofo by 492 votes.

With White’s three opponents dividing the opposition vote it was unlikely that Bunn or one of the other candidates would capture enough votes to surpass White.

Based on the preliminary vote count released by the election board, White’s three opponents captured  a combined vote of 69.79 percent compared to White’s 29.46 percent.

“The real winner this evening outside of Trayon is the antiquated electoral process where a candidate can win with a small plurality of the vote,” said Ward 8 longtime LGBTQ rights advocate Phil Pannell. “Seventy percent of the people in Ward 8 clearly rejected Trayon White,” Pannell added in referring to a slightly different percentage of the vote reported by the Washington Post.

Pannell noted that the Ward 8 special election outcome would have been far different if the city had put in place a ranked choice voting system approved by D.C. voters in the November 2024 election known as Initiative 83. The D.C. Council this week gave final approval for funding to enable the initiative’s ranked choice voting system to be in place for the city’s 2026 primary and general election.

Among other things, the ranked choice voting system allows voters to indicate who their second choice candidate is and puts in place an automatic runoff election if no candidate receives at least 50 percent of the vote.

In a statement released at 8:45 p.m. Tuesday, the Board of Elections said it would resume its vote count on Wednesday morning, July 16.

“DCBOE will continue to accept ballots sent by USPS until July 25, 2025, as long as they were postmarked by July 15, 2025,” the statement says. “Official election results will not be released until after mail, absentee, and valid special ballots have been processed and tabulated, a post-election audit has been conducted, and DCBOE’s Board had certified the election results,” the statement says.  

It says the post-election audit was scheduled to begin on Aug. 5 and the final certification of the results was tentatively scheduled for Aug. 8.

It couldn’t immediately be determined if members of the D.C. Council will take steps to exercise the Council’s authority to once again expel White from its ranks. If White or one of the other candidates in the special election is officially declared the winner, they would serve the unexpired term that was created by White’s ouster until Jan. 2, 2029.

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District of Columbia

Dive in: a guide to LGBTQ-friendly pools in D.C.

City offers plenty of places to cool off, sometimes with a cocktail

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Rooftop pool at VIDA Fitness at The Yards. (Washington Blade file photo by Michael Key)

As the dog days of summer arrive in Washington, it seems only one thing is on everyone’s mind: Where are the pools? Fret not, the Washington Blade has compiled a list of places where D.C.’s LGBTQ community can wear a Speedo, splash around, and enjoy the summer.

Public Pools: 

To gain access to any public pools in D.C., District residents must first obtain a free membership by creating an account with the D.C. Department of Parks and Recreation and presenting a valid photo ID at the pool. For more information on D.C. public pools, visit dpr.dc.gov/findapool.

Banneker Pool (2500 Georgia Ave NW): Popular with both young adults and families, Banneker Pool features a spacious outdoor swimming area complete with dedicated lap lanes for serious swimmers and a separate shallow kiddie pool designed for children’s safety and fun. The pool often hosts community swim events and is known for its vibrant, welcoming atmosphere.

Francis Pool (2435 N St NW): Located in the Foggy Bottom neighborhood, this outdoor pool is easily accessible via the Foggy Bottom-GWU Metro station. It offers two 25-yard lap lanes ideal for fitness swimmers and open swim times for casual visitors. Its central location makes it a convenient option for downtown residents and workers.

Volta Park Pool (1555 34th St NW): Nestled in the Georgetown neighborhood, Volta Park Pool is a smaller, cozy community pool favored by locals. Due to limited capacity, especially on busy summer days, early arrival is recommended to secure a spot. The pool provides a friendly and relaxed environment, perfect for a quick swim or cooling off on hot days.

Wilson Aquatic Center (4551 Fort Dr., N.W.): Recognized as one of D.C.’s premier indoor aquatic facilities, the Wilson Aquatic Center boasts a large 50-meter by 25-meter competition pool with diving boards suitable for swim meets and advanced training. The facility also includes a leisure pool for recreational swimming, a whirlpool spa, a spacious viewing gallery for spectators, and a multi-purpose room used for classes and community events. Conveniently located in Tenleytown, it is just steps away from the Tenleytown–AU Metro station.

Anacostia Pool (1800 Anacostia Drive SE): Set along the scenic banks of the Anacostia River, this pool offers a peaceful setting for swimmers. The facility provides a variety of programs throughout the summer, including swimming lessons for all ages, water aerobics classes, and other aquatic activities aimed at encouraging fitness and community engagement.

Kenilworth Pool (4321 Ord Street NE): Part of the newly renovated Kenilworth Recreation Center, this large outdoor pool is a centerpiece of the upgraded facility. It features ample swimming space for lap swimmers and recreational users alike, along with modern amenities and well-maintained grounds, making it a popular choice for residents in Northeast D.C.

Private Pools: 

Vida Penthouse Pools; Multiple Locations — (1212 4th St., S.E.), (1612 U St., N.W.), (1845 Reston Row Plaza, Reston, Va.): This fitness club is where many in Washington’s LGBTQ community can be found kiki-ing on sunny weekends, sipping vodka lemonades. The pools offer a unique watering hole experience that can only be described as “Vida” — complete with a full bar and restaurant.

YMCA Anthony Bowen Pool (1325 W St., N.W.): Home to the first African-American chapter of the YMCA, this site features an indoor heated pool — ideal for lap swimming, aqua classes, and lessons.

Viceroy Hotel Pool (1430 Rhode Island Ave., N.W.): This D.C. hotel features a small rooftop pool in Logan Circle, open daily to hotel guests and “daycation” pass holders ($150 for a room from 7 a.m. to 7 p.m.), with public access after 7 p.m. Highlights include a full bar with frozen margaritas and the “Pink Pony Club” cocktail, as well as small bites.

Hedy’s Rooftop at Hotel Zena (1155 14th St., N.W.): Offering stunning Thomas Circle views, this rooftop pool and bar is open to hotel guests and locals, with $50 day passes and private cabanas starting at $500 for six people. Dive into poolside movie nights every Wednesday at 9 p.m. with popcorn and cocktails, plus enjoy summer bites. The bar is open Tuesday through Sunday, and the pool operates daily from 8 a.m. to 7 p.m., with service starting at noon.

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District of Columbia

Gay ANC member announces candidacy for Ward 1 D.C. Council seat

Community leader Brian Footer seeking seat held by Brianne Nadeau

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Brian Footer (Photo courtesy of Brian Footer for D.C.)

Gay Advisory Neighborhood Commissioner Brian Footer, a community activist who has been involved for many years in local and national government affairs, has announced his candidacy for the Ward 1 D.C. Council seat up for election in 2026.

Footer, a Democrat, will be running in the city’s June 2, 2026, Democratic primary for the Ward 1 Council seat, but it is uncertain whether he will be running against incumbent Ward 1 Council member Brianne Nadeau (D). Nadeau has not yet announced if she plans to run for re-election for a fourth term following her 12 years on the Council.

Nadeau has been a longtime vocal supporter of the LGBTQ community.  

If Footer were to win the primary and the November 2026 general election, he would become the Council’s second openly gay member. Ward 5 Council member Zachary Parker (D) is currently the 13-member Council’s only gay member.

Footer is a three-term ANC commissioner who currently serves as Chair of ANC 1E, which represents the city’s Howard University, Park View, and Pleasant Plains neighborhoods.

“Brian has worked at every level of government — federal, state, and local — building a career rooted in public service, aging policy, and inclusive urban planning,”  a statement on his campaign website says.

“I’m running for Council because too many people in Ward 1 are doing everything right and still feel ignored by the city they call home,” Footer states on his website.

“I’m running because we can do better,” his statement continues. “That means making housing more affordable, addressing homelessness with real solutions, and keeping our neighborhoods safe with smart, community focused strategies.”

When contacted by the Washington Blade for comment, Nadeau said she was not ready at this time to discuss her plans about running again or about Footer’s candidacy.

“The primary is a ways away, and I’m very focused right now on the budget and the stadium deal and all the work that we’re doing at the Council,” she told the Blade. “So, I really haven’t had time to turn to my plans. So, as a result, I’m also not going to be commenting on anybody else who is determined that they’re running at this time.” 

She first won election to the Council in 2014 after she defeated four-term gay Ward 1 Council member Jim Graham in the Democratic primary after Graham became embroiled in an ethics controversy.

In the 2022 Democratic primary Nadeau defeated gay challenger Salah Czapary in a three-candidate race, by a margin of 48.5% of the vote compared to Czapary’s 30.9%.

With the third candidate, Sabel Harris, receiving 20.4%, the outcome showed that the two challengers had a combined total vote count higher than Nadeau.

Further details of Footer’s candidacy can be accessed from his campaign website, brianfooterdc.com.

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