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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 ā€œfaggot.ā€

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

ā€œThe 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,ā€ 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 ofĀ 30 years in prison and a maximum sentence of life in prison.

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

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 ā€œfully investigateā€ hate crimes.

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

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 ā€œpull up the defendant’s pants for himā€ while teenagers began laughing at Navarro. Some of the teens began teasing Navarro by ā€œsaying Mr. Massey was going to make the defendant ā€˜his next bitch,ā€™ā€ the U.S. Attorney’s office statement says.

The statement says witnesses reported that Navarro turned toward Massey and gave him the ā€œevil eye.ā€

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 ā€œloudly denying the rumors and vowing to kill Mr. Massey.ā€

On Nov. 6, 2009, Navarro knocked on the door of Massey’s apartment at 4211 2nd St., N.W., and asked, ā€œWhere’s the faggot,ā€ 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 ā€œlarge butcher knife,ā€ walked into the bedroom and ā€œwithout any warning began stabbing Mr. Massey repeatedly.ā€

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.

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

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

Says the statement, ā€œThe defendant testified that he believed Mr. Massey was either going to kill him or rape him.ā€

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.

ā€œAs 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,ā€ Singletary said.

He said GLOV will write a community impact statement to be submitted to the judge prior to Navarro’s sentencing that ā€œconveys the effects of this crime on the LGBT community.ā€

Singletary also noted that Navarro, with the help of his attorney, sought to use a form of the so-called ā€œgay panic defenseā€ 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.

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

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Virginia

Youngkin calls on gay Va. GOP LG candidate to exit race over alleged ‘porn’ scandal

John Reid denounces ‘fabricated internet lie’ as anti-gay smear campaign

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John Reid (Photo courtesy of John Reid)

Less than a week after John Reid, the conservative gay radio talk show host from Richmond secured the Republican nomination for the office of lieutenant governor in Virginia, sensational allegations have surfaced, which he strongly denies, that he allegedly posted pornographic photos on social media.

According to the Virginia Mercury newspaper, the allegations surfaced when Virginia Gov. Glenn Youngkin’s office released a statement saying Youngkin contacted Reid on Friday, April 25, and asked him to withdraw his candidacy over reports that a social media account with Reid’s username included ā€œpornographic contentā€ that was ā€œsharedā€ with others.

ā€œThe governor was made aware late Thursday of the disturbing online content,ā€ the Virginia Mercury quotes a Youngkin spokesperson as saying. ā€œFriday morning, in a call with Mr. Reid, the governor asked him to step down as the lt. governor nominee,ā€ the spokesperson is quoted as saying.

Reid responded to the allegations in an early Friday evening video he posted on his campaign’s Facebook page, calling the allegations ā€œa totally fabricated internet lieā€ motivated by anti-gay bias.

ā€œI can tell you that’s not my account and anyone on the internet can open accounts with the same or similar names as other people,ā€ he stated in his video. ā€œIt’s predictable,ā€ he added.

ā€œBut what I didn’t expect was the governor I have always supported to call and demand my resignation without even showing me the supposed evidence or offering me a chance to respond,ā€ Reid states in his video.

He said he will not drop out of the lieutenant governor’s race and called the allegations against him just the latest in what he said was an ongoing effort by some in the Republican Party, especially conservative Christians, to force him out of politics.

ā€œLet’s be honest,ā€ he said. ā€œit’s because I’m openly gay. And I have never backed down to the establishment, and will not,ā€ he continued in his video message. ā€œWhat happened today is another coordinated assassination attempt against me to force the first openly gay candidate off of a Virginia statewide ticket.ā€

Reid added, ā€œIt’s shameful, and I won’t back down, even though I know the plan is for the attacks to continue in this overt effort to make me toxic.ā€

Reid secured the GOP nomination for lieutenant governor last week after his only rival in the Republican primary, Fairfax County Supervisor Pat Herrity, dropped out of the race for health reasons.

By securing the nomination Reid became the first known openly gay candidate, Republican or Democrat, to be nominated for a statewide office in Virginia.

In an interview with the Washington Blade earlier this week Reid pointed out that he came out as gay in 1996 or 1997 on National Coming Out Day in his role as TV news anchor in Richmond, where he worked for 10 years.

Following that, Reid worked as a radio talk show host for the next eight years, promoting his ideas as a gay conservative Republican, up until shortly before he announced his candidacy for lieutenant governor, he told the Blade.

Reid’s video responding to the accusations against him can be accessed here.

Reid’s campaign website and statements he has released to the media acknowledge his status as a gay candidate but point out he has a long record of support for conservative Republican positions on a wide range of issues that are against the positions of most mainline LGBTQ rights organizations.

ā€œI’m not a diversity hire,ā€ he stated in a press release issued at the time he announced his candidacy in January. ā€œI’m the most conservative and proven candidate running, and I’ve boldly stood up for our beliefs in a way that should make my personal life a total nonissue,ā€ he stated.

A statement on his campaign website states ā€œJohn is uniquely positioned to take the fight to the radical progressives head on as he continues his fight against boys in girls’ sports and the extreme trans agenda being forced upon our children.ā€

His campaign website statement on transgender issues concludes by saying, ā€œAnd we must be blatant in saying that it is factually impossible for biological men or women to personally decide to change their gender. John believes in the right for grown adults to live their lives as they see fit, but not if they impose restrictions and obligations on others and not if any of their behavior sexualizes or grooms children.

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Maryland

A Baltimore theater educator lost jobs at Johns Hopkins and the Kennedy Center

Tavish Forsyth concluded they could not work for Trump

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Tavish Forsyth, a queer artist and educator, posted a nude video on YouTube in protest of the Trump administration’s takeover of the Kennedy Center earlier this year. (Photo by Jessica Gallagher for the Baltimore Banner)

BY WESLEY CASE | Tavish Forsyth had come to a conclusion: They could not work for President Donald Trump.

So the 32-year-old Baltimore resident stripped down, turned on their camera, and lit their career on fire.

ā€œF—— Donald Trump and f—— the Kennedy Center,ā€ a naked Forsyth, an associate artistic lead at the Washington National Opera’s Opera Institute, which is run by the Kennedy Center, said in a video that went viral. The board of the nation’s leading cultural institution had elected Trump just weeks prior as its chairman after he gutted the board of members appointed by his predecessor, President Joe Biden.

The rest of this article can be read on the Baltimore Banner’s website.

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District of Columbia

Little Gay Pub to host April 25 celebration of life for Patrick Shaw

School teacher, D.C. resident praised for ā€˜warmth, humor, kindness’

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Patrick Shaw (Photo via GoFundMe)

Co-workers and friends will hold a celebration of life for highly acclaimed schoolteacher and D.C. resident Patrick Shaw beginning at 5:30 p.m. Friday, April 25 at The Little Gay Pub 1100 P St., N.W.

Little Gay Pub co-owner and Shaw’s friend, Dusty Martinez, said Shaw passed away unexpectedly on April 19 from a heart related ailment at the age of 60.

ā€œPatrick touched so many lives with his warmth, humor, kindness, and unmistakable spark,ā€ Martinez said. ā€œHe was a truly special soul – funny, vibrant, sassy, and full of life and we are heartbroken by his loss.ā€

In an Instagram posting, Shaw’s colleagues said Shaw was a second-grade special education teacher at the J.F. Cook campus of D.C.’s Mundo Verde Bilingual Public Charter School.

ā€œPatrick brought warmth, joy, and deep commitment to Mundo Verde,ā€ his colleagues said in their posting. ā€œHis daily Broadway sing-alongs, vibrant outfits, and genuine love for his students filled our community with energy and laughter.ā€

The posted message adds, ā€œPatrick was more than a teacher; he was a light in our school, inspiring us all to show up with heart, humor, and kindness every day. His spirit will be deeply missed.ā€

The Washington Blade is preparing a full obituary on Patrick Shaw to be published soon. 

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