Local
Probable cause found that off-duty cop fired gun at trans women
Judge orders D.C. officer held without bond
A D.C. Superior Court judge on Sept. 2 ruled that prosecutors established probable cause that an off-duty D.C. police officer committed an assault with a dangerous weapon for allegedly firing a pistol at three transgender women and two male friends during an Aug. 26 incident in Northwest Washington.
Judge Ann O’Regan Keary ordered Officer Kenneth Furr, a 21-year veteran on the force, held without bond pending his trial. Keary said evidence presented by police and prosecutors showed that releasing the officer would pose a danger to the community.
The judge’s ruling came during a preliminary hearing in which First District police Det. James Freeman provided detailed testimony about his investigation of the incident.
Freeman testified that the victims and at least two D.C. police officers who were in the vicinity of the shooting reported that Furr stood on the hood of a car in which the victims were sitting and fired at them through the windshield.
He said witnesses and the victims reported that the incident began about 4:40 a.m. at a CVS drug store at 400 Massachusetts Ave., N.W., when Furr and one of the shooting victims reportedly got into a “verbal altercation.”
Transgender activist Jeri Hughes said one of the transgender women involved in the incident told her the verbal altercation inside the CVS store started when Furr approached one of the transgender women and invited her to engage in sex. Furr reportedly became angry when she turned him down, Hughes said, prompting the woman’s male friend to exchange words with Furr in an effort to get him to leave the woman alone.
Freeman testified that Furr and the same person who argued with Furr inside the CVS store exchanged words outside the store a short time later while Furr was sitting in his car parked nearby.
According to Freeman, Furr reportedly retrieved a handgun from the glove compartment of his car, pointed it at the person and threatened to shoot the person, who is believed to be one of the male friends of the trans women.
The same person returned to the CVS store and told a security guard that Furr had threatened him with a gun, a police affidavit says. The victim then met up with the other four people, including the three transgender women, and all five got into one of their cars and followed Furr, who drove away in his car, Freeman testified.
When both cars reached the intersection of First and Pierce streets, N.W., Furr jumped out of his car and began to shoot at the car where the five others were riding, Freeman told the court hearing. The shooting prompted the driver to crouch down to avoid being hit, causing the car he was driving to collide with Furr’s car, Freeman said.
That’s when Furr apparently climbed on the hood of the other car and fired his gun through the windshield, the victims and police witnesses reported.
Police and transgender activists who spoke with at least two of the victims said two of three transgender women in the car suffered non-life threatening gunshot wounds during the incident. Transgender activists said one of two male friends who were in the car was also was struck and suffered serious but non-life threatening wounds. All three were treated in area hospitals, the activists said.
In his testimony at the Sept. 2 hearing Freeman recounted details from a police affidavit he prepared that lists each of the five people in the car as unidentified witnesses. Neither the affidavit nor Freeman during his court testimony mentioned that three of the five people in the car at which Furr allegedly fired his gun were members of the transgender community.
News that some of the victims were members of the transgender community emerged from a police news release on the day of the incident. Deputy D.C. Police Chief Diane Groomes made personal calls to LGBT activists shortly after 5 a.m. on Aug. 26, just minutes after the incident occurred, to inform them of what happened and to note that police and the department’s Gay and Lesbian Liaison Unit were investigating the incident.
Assistant U.S. Attorney Lara Worm argued at the court hearing that police provided sufficient evidence that probable cause exists that Furr committed an assault with a dangerous weapon two times – once when he pointed the gun at one or two of the victims outside the CVS store and another time when he fired his gun at the victims while they were in their car.
Furr’s defense attorney, Harold Martin, told Keary accounts of the incident by various witnesses appeared to differ, making it difficult to determine the events that led to the shooting. He noted that the car in which the five people were riding followed Furr in the “wee hours of the morning” and Furr had a legal right to defend himself if he believed he was in danger.
He also pointed to the police affidavit’s assertion that one of the victims admitted to being drunk at the time of the incident and another victim admitted to having smoked marijuana the night prior to the incident.
“There are a lot of unanswered questions about what happened that night,” he said.
“The defendant exhibited extremely reckless behavior,” Worm told the judge. “He shot at least five times and certainly all five could have been killed.”
She pointed to a statement by at least one of the victims that Furr shouted “Ima kill all of you” before he started shooting into the vehicle.
Worm noted a police breadth test also found that Furr “had been drinking a substantial amount of alcohol” and that he had a prior arrest in D.C. for driving while intoxicated. Police initially charged Furr with driving while intoxicated in the latest incident but the U.S. Attorney’s office did not file that charge in court.
Nearly a dozen family members and friends of Furr’s sat in the courtroom during the hearing, a fact that defense attorney Martin mentioned while arguing that Furr’s strong community ties were among the grounds for allowing him to be released while awaiting trial.
But Keary, in issuing her ruling on the matter, said the government met the legal criteria needed to have Furr held in jail, saying no combination of circumstances or mitigating factors could override her belief that Furr would pose a danger to the public if released.
She scheduled a status hearing for Oct. 7. The case was expected to go before a grand jury in the next few weeks.
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 R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”
Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.
Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.
Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.
District of Columbia
Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit
MPD accused of illegally demoting officer for taking family leave to care for newborn child
A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.
The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.
It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.
In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.
Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.
“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”
Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.
In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.
Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.
In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.
“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.
“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”
Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.
The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.
Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.
“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.
In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”
One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.
Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.
“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflect involuntary transfers on MPD personnel as retaliation for doing or saying something in which leadership disapproved,” Lempert says in his court filing submitting the two reports.
“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.
Virginia
LGBTQ rights at forefront of 2026 legislative session in Va.
Repeal of state’s marriage amendment a top priority
With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics.
The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.
The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.
Two successive legislatures must approve the resolution before it can go to the ballot.
The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.
The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.
In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care.
Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”
Along with ensuring school training, the organization wants funding in hopes of “establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.
On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.
Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.
Equality Virginia is tracking bills on its website.
Comings & Goings
Here’s where to watch ‘RuPaul’s Drag Race’ with fellow fans
‘Queer Eye’ watch party set for Friday
Calendar: January 23-29
Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit
Hot rod heaven: Chevy Corvette, Dodge Charger
Two gay candidates running in ‘firehouse’ Va. House of Delegates primary in Alexandria
PHOTOS: Mr. Mid-Atlantic Leather 2026
McBride, other US lawmakers travel to Denmark
