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Jury rejects hate crime charge in gay murder

Defendant found guilty of slaying victim in bedroom

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A D.C. Superior Court jury on Tuesday found District resident Justin L. Navarro, 25, guilty of first-degree murder while armed for stabbing a gay man at least 15 times in the back seconds after police said he referred to the victim as a “faggot.”

But the jury declined a request by prosecutors that it designate the Nov. 6, 2009 murder of District resident Kevin Massey, 31, as an anti-gay hate crime.

“The U.S. Attorney’s office had charged the defendant with committing this murder because of Mr. Massey’s sexual orientation, but the jury did not make that finding beyond a reasonable doubt,” the office said in a statement.

In addition to handing down a first-degree murder conviction, the jury found Navarro guilty of obstruction of justice, tampering with evidence, and carrying a dangerous weapon. He faces a minimum sentence of 30 years in prison and a maximum sentence of life in prison.

“This murder was marked by an unspeakable brutality,” said U.S. Attorney Ronald C. Machen Jr. “Today’s first-degree murder conviction ensures that the defendant will be held accountable for this senseless and deplorable act of violence.”

Machen told the Blade his office couldn’t discuss certain specifics, such as the jury’s decision not to convict on the hate crime charge, prior to sentencing, which is scheduled for May 24.

A law enforcement source said juries sometimes find it difficult to grapple with bias-related charges in criminal cases because it’s hard to prove beyond a reasonable doubt whether a defendant used bias or hatred as his or her motive in committing a crime.

D.C. Police Chief Cathy Lanier said the department is committed to “fully investigate” hate crimes.

“In this case, MPD investigators worked diligently with the United States Attorney’s office to gather all of the facts that were available,” Lanier said. “It is unfortunate that the jury did not find in favor of the hate bias enhancement.”

The verdict in the case came two days after Machen and D.C. police officials joined LGBT activists in speaking at a community forum on anti-gay hate crimes hosted by Foundry United Methodist Church near Dupont Circle.

Machen told forum participants about his office’s prosecution of Antwan Holcomb, 21, who was convicted March 1 by a D.C. Superior Court jury of first-degree murder while armed in the December 2009 murder of gay District resident Anthony Perkins. Witnesses testified that Holcomb was overheard boasting about meeting Perkins on a gay telephone chat line and luring him to a secluded spot in Southeast D.C., where he shot him in the head inside Perkins’ car.

Machen told the forum his office considered but ruled out charging Holcomb with a hate crime in connection with the Perkins murder.

A statement released by the U.S. Attorney’s office said witnesses testified during Navarro’s week-long trial that he became angry at Massey about a month before the murder when people saw someone carry him out of the apartment building where Massey lived while his pants were falling down.

The statement says witnesses saw Massey lean over to “pull up the defendant’s pants for him” while teenagers began laughing at Navarro. Some of the teens began teasing Navarro by “saying Mr. Massey was going to make the defendant ‘his next bitch,’” the U.S. Attorney’s office statement says.

The statement says witnesses reported that Navarro turned toward Massey and gave him the “evil eye.”

A source familiar with the case said the building where Massey lived was known as a place where illegal drugs were sold and sometimes used. The source said Navarro was being carried out of the building with his pants falling because he was highly impaired due to alleged drug use and apparently was unable to walk.

According to the statement, during the following month, Navarro became the target of rumors questioning his sexual orientation. It says that on at least one occasion he was overheard “loudly denying the rumors and vowing to kill Mr. Massey.”

On Nov. 6, 2009, Navarro knocked on the door of Massey’s apartment at 4211 2nd St., N.W., and asked, “Where’s the faggot,” the statement says. It says someone answered the door and told Navarro that Massey was in the bedroom.

The statement says witnesses reported that Navarro then went into the kitchen, grabbed a “large butcher knife,” walked into the bedroom and “without any warning began stabbing Mr. Massey repeatedly.”

It says Massey died on the scene. An autopsy later revealed that he had been stabbed between 18 and 20 times, including 15 times in the back.

“In the days that followed, the defendant threatened witnesses, burned his clothes, and told relatives he would not be around for a while,” the statement says. “Five days after the murder, the Capital Area Regional Fugitive Task Force arrested the defendant in a hotel room in Southwest D.C.,” the statement says.

The statement says that during his trial, Navarro testified that he acted in self-defense, saying “he did not know Mr. Massey and that Mr. Massey attacked him for no apparent reason.”

Says the statement, “The defendant testified that he believed Mr. Massey was either going to kill him or rape him.”

Attempts to reach Navarro’s court appointed attorney, Nathan I. Silver II, for comment were unsuccessful.

A.J. Singletary, chair of Gays & Lesbians Opposing Violence, said the group appreciates the U.S. Attorney’s office’s decision to charge Navarro with a hate crime in the Massey murder.

“As this case shows, it is ultimately up to the jury in the end, but it’s important to fiercely prosecute these cases to stem the growing level of hate in our community,” Singletary said.

He said GLOV will write a community impact statement to be submitted to the judge prior to Navarro’s sentencing that “conveys the effects of this crime on the LGBT community.”

Singletary also noted that Navarro, with the help of his attorney, sought to use a form of the so-called “gay panic defense” in the case.

In past cases, attorneys representing defendants charged with killing gay men have invoked the gay panic defense to persuade juries that their client lost control of his actions due to a fear of homosexuality and lashed out and killed the victim in a state of temporary insanity.

Gay rights attorneys have pointed to evidence showing that some defendants using this defense sought out and targeted gay victims for and assault and robbery and invoked the gay panic defense after being caught.

“We all must be vigilant to make sure that nothing remotely close to a gay panic defense is seriously considered, or worse, upheld in court,” Singletary said. “Police and prosecutors must always be skeptical when they hear the gay panic defense, which as this case shows, is prevalent and dangerous.”

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Comings & Goings

Chef Jamie Leeds opens new dining concepts

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Jamie Leeds

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.

Congratulations to Jamie Leeds, chef extraordinaire, and owner of Hank’s Oyster Bars, as she ventures into some new areas. Leeds is an award-winning Washington, D.C.–area chef, restaurateur, and entrepreneur with more than three decades of experience shaping the region’s dining scene.

Her first new venture is a restaurant opening in Alexandria this week. It will be called Hank’s Pasta Bar, bringing a personalized twist to classic Italian dining with a hiddenrestaurant-inside-a-restaurant in Old Town, Alexandria. The new trattoria is above Hank’s Oyster Bar, and will feature a build-your-own menu, marking a new direction for Leeds in partnership with chef Darren Norris. Norris brings more than three decades of experience to Hank’s Pasta Bar, with a foundation grounded in Italian cooking. The grand opening was scheduled for May 14. The elevated casual eatery blends an inventive chef-driven menu with an easy-going, sit-down dining experience that puts guests in charge. Hank’s Pasta Bar bridges the gap between elevated fast casual, like Norris’s Shibuya, and full-service dining, like Leeds’s Hank’s Oyster Bar. Diners order electronically at the table, but unlike fast casuals, food and beverages are delivered on plate ware, and a server is on site at all times.  

The restaurant-inside-a-restaurant, welcomes guests to dine in with a full bar, including Italian wines and craft cocktails, maintaining its focus on traditional Italian fare with contemporary touches, including a build-your-own pasta bowl experience starting at $16. Create your own pasta bowl from seven artisanal pastas (including gluten-free), nine made-in-house sauces, proteins, vegetables, and toppings. Leeds said, “It’s the kind of place you’d find down a side street in a Tuscan hill town, after being tipped off by a friend who says, ‘trust me.’ If you know, you know.” 

The restaurant will continue Hank’s community partnerships, including with Real Food for Kids, supporting programs that improve school food and nutrition equity. 

In addition to this you should try Jaimie’s other new venture. Back Door Taco at Hank’s in Dupont Circle. You walk down the alley from 17th Street to the back door of Hank’s, and enter a small patio to partake of great tacos and interesting cocktails.

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District of Columbia

HIV Vaccine Awareness Day set for May 18

Whitman-Walker joins nationwide recognition of efforts to develop vaccine

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(Image courtesy of the NIH)

Whitman-Walker Health, the D.C.-based community healthcare center that specializes in HIV/AIDS and LGBTQ-related health services, will join health care advocates from across the country to support efforts to develop an HIV vaccine on HIV Vaccine Awareness Day on May 18.

“HIV Awareness Day, observed annually on May 18, was established to recognize and thank the volunteers, scientists, health professionals, and community members working toward a safe and effective prevention HIV vaccine,” Whitman-Walker said in a statement.

“Led by the National Institutes of Health’s National Institute of Allergy and Infectious Diseases (NIAID), the day is also an opportunity to educate communities about the critical importance of preventive HIV vaccine research,” the statement says.

It adds, “The reality is that any new vaccine discovery must be built community by community, institution by institution, and then it must reach everyone – especially the communities who have carried the heaviest burden of this epidemic.”

On its own website, the National Institutes of Health says HIV Vaccine Awareness Day also highlights its longstanding efforts, coordinated by its Office of AIDS Research, to support researchers’ efforts to develop an HIV vaccine.  

“Researchers are making promising headway in efforts to develop a safe, effective HIV vaccine,” it says in a statement on its website.

A Whitman-Walker spokesperson said Whitman-Walker was not holding a specific event to observe HIV Vaccine Awareness Day, but it will recognize the day as a way of encouragement for its ongoing work to address the AIDS epidemic and support for vaccine research.

“Today, no one has to die from HIV,” said Whitman-Walker’s Health System division’s CEO, Dr. Heather Aaron in the Whitman-Walker statement. “We have the treatments, the technology, and the research to change outcomes, and yet people in our community are still dying from HIV//AIDS,” she said in the statement.

“That is unacceptable, and it is exactly why our work continues,” she added. “Here in D.C. with more focus on Southeast D.C., the Whitman-Walker Health System remains committed to making a difference through cutting-edge research, policy advocacy, and philanthropy, because fair access to life-saving treatment is not a privilege. It is a right.”  

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District of Columbia

Capital Stonewall Democrats endorses Janeese Lewis George for D.C. mayor

Group also backed D.C. Council, Congressional delegate, AG candidates

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Janeese Lewis George (Washington Blade photo by Michael Key)

The Capital Stonewall Democrats, D.C.’s largest local LGBTQ political organization, announced on May 14 that it has endorsed D.C. Councilmember Janeese Lewis George (D-Ward 4) for mayor in the city’s June 16 Democratic primary.

Lewis George along with former D.C. Councilmember Kenyan McDuffie (D-At-Large) are considered by political observers to be the two leading candidates among the seven candidates competing in the Democratic primary election for mayor.

Both have strong, long-standing records of support on LGBTQ issues, indicating Capital Stonewall Democrats members, like LGBTQ voters across the city, are likely choosing a candidate based on non-LGBTQ related issues.

In a May 14 statement, the group announced its endorsements in seven other Democratic primary races, including D.C. Council Chair Phil Mendelson, who is running unopposed in the primary. Also endorsed is D.C. Councilmember Robert White (D-At-Large), who is one of five Democratic candidates competing for the position of D.C. delegate to the U.S. House of Representatives.

D.C. Councilmember Brooke Pinto (D-Ward 2) is among the four candidates competing with White for that post, and who like White has a strong record of support on LGBTQ issues.

In the At-Large D.C. Council race for which incumbent Anita Bonds is not running for re-election, Capital Stonewall Democrats has endorsed community activist and LGBTQ ally Oye Owolewa in a nine candidate race.    

For the Ward 1 D.C. Council election, in which five LGBTQ supportive candidates are competing, the group did not make an endorsement because none of the candidate received a required 60 percent of the endorsement vote cast by Capital Stonewall Democrats members, according to the group’s former president, Howard Garrett.   

The statement announcing its endorsements shows that it decided to list its “Preferred Ranking” of each of the Ward 1 Democratic candidates as part of the city’s newly implemented ranked choice voting system. It lists gay candidate Miguel Trindade Deramo as first, bisexual candidate Aparna Raj second, Jackie Reyes Yanes third, Rashida Brown fourth, and Terry Lynch fifth.

In the remaining ward Council races, Capital Stonewall Democrats endorsed Councilmember Matt Fruman (D-Ward 3), who is running unopposed for re-election; Councilmember Zachary Parker (D-Ward 5), the Council’s only gay member who is being challenged by two opponents; and Councilmember Charles Allen (D-Ward 6), who is running unopposed for re-election.

The group also chose not to make an endorsement in the special election for another At-Large D.C. Council seat that became vacant when then-Independent Councilmember McDuffie resigned to enable him to run for mayor as a Democrat. Under the city’s Home Rule Charter adopted by Congress, that at large sweat is restricted to a “non-majority party” candidate, meaning a non-Democrat.

The three candidates running for the seat, all Independents, include incumbent Doni Crawford, who was appointed to the seat earlier this year; former D.C. Councilmember Elissa Silverman; and Jacque Patterson. All three have expressed support on LGBTQ related issues.

“The organization’s endorsement process included candidate questionnaires, public forums, and direct voting by active CSD members,” the statement announcing its endorsements says. “Each endorsement reflects the collective voice of 173 LGBTQ+ Democrats who voted in the process and are committed to building lasting political power in the District,” according to the statement. “Candidates that reached 60 percent support received the endorsement.”

Garrett, the group’s former president, acknowledged that with nearly all candidates running in D.C. elections expressing strong support for the LGBTQ community, many if not most of the group’s members most likely chose a candidate based on issues other than LGBTQ related issues.

He said he believes Lewis George, who he is supporting and is viewed as a progressive candidate who self-identifies as a Democratic Socialist, compared to McDuffie, who is viewed as a moderate Democrat, captured the group’s endorsement based on the view that she is the best person to lead the city going forward.

“I believe that Capital Stonewall members voted for Janeese Lewis George because we’re tired of the status quo and we need a new, bold leader to not only move our city forward but also to stand up to Donald Trump and his administration,” Garrett told the Washington Blade.

McDuffie’s LGBTQ supporters, including former Capital Stonewall Democrats presidents David Meadows and Kurt Vorndran, have argued that McDuffie’s positions on a wide range of issues, including LGBTQ issues, show him to be the best candidates to lead the city at this time and In future years.

The group’s endorsement of Lewis George comes one week after GLAA DC, a nonpartisan LGBTQ advocacy group, awarded her its highest candidate rating of +10.    

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