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Probation for D.C. cop in trans shooting case

Judge rejects prosecutor’s request for five-year jail term

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Metro DC Police, gay news, Washington Blade

D.C. police officer Kenneth Furr was sentenced in a case related to the firing of his gun through the windshield of a car with the five people inside. (Washington Blade photo by Phil Reese)

An off-duty D.C. police officer accused in August 2011 of firing his service revolver into a car occupied by three transgender women and two male friends was sentenced on Thursday to three years of supervised probation, a $150 fine, and 100 hours of community service.

D.C. Superior Court Judge Russell Canan also sentenced Officer Kenneth Furr, 48, to five years in prison but suspended all but 14 months of the prison term and credited Furr with the 14 months he already served between the time of his arrest and his trial last October.

Canan released Furr October 26 while awaiting sentencing after a Superior Court jury convicted him of assault with a deadly weapon and solicitation for prostitution but acquitted him on six other charges, including the most serious charge of assault with intent to kill while armed.

The latter charge was linked to his firing of five shots into the car where the transgender women and their friends were sitting.

Police and prosecutors have said the shooting occurred following a confrontation that started when Furr solicited one of the transgender women for sex for money at 5th and K Streets, N.W., and followed the woman after she rejected his offer. Furr then argued with one or more of her friends who asked Furr leave her alone.

At the time of his arrest, police said Furr’s blood alcohol level was twice that of the legal limit for drivers.

Canan rejected a request by Assistant U.S. Attorney Laura Worm, the lead prosecutor, that Furr be given the maximum sentence of 5 years in prison for the assault with a deadly weapon charge. He also denied her request for an additional three months incarceration for the solicitation conviction.

News of the shooting outraged LGBT activists as well as Mayor Vincent Gray and members of the D.C. City Council, who called for stepped up efforts to curtail violence against the city’s transgender community.

The D.C. Trans Coalition issued a statement late Thursday calling the sentence of no additional jail time for Furr “outrageous” and said it would heighten longstanding fears by the transgender community of mistreatment and abuse by police officers.

“This result is the product of a legal system that constantly devalues trans lives, particularly trans people of color,” said D.C. Trans Coalition member Jason Terry. “Officer Furr’s defense team actively sought to portray the victims as somehow deserving of this violence, and apparently they succeeded,” he said.

“If roles had been reversed and a black trans woman had gotten drunk and shot a gun at a police officer, the results would be drastically different,” Terry said.

Court observers said the jury’s decision to find Furr not guilty on the assault with intent to kill while armed charge most likely resulted from a successful effort by Furr’s attorneys to portray the shooting as an act of self-defense.

Canan said his suspension of 46 months of the 60 month (five year) prison term was contingent upon Furr’s successful completion of his three year probation period and other restrictions, including a requirement that he stay away from the five complainants.

Court records show Canan also ordered Furr to stay away from “the area bounded by: New York Avenue, Massachusetts Avenue, 7th Street, N.W. and North Capitol Street, N.W.,” which is widely known as one of the city’s transgender prostitution zones.

In addition, Canan set as a condition for the parole that Furr enter an alcohol treatment program and enroll in anger management classes.

In the sentencing memorandum on behalf of the U.S. Attorney’s office, Worm said one reason why Furr was not a good candidate for a sentence involving parole and no prison time was that he failed to immediately comply with his pre-sentencing release conditions. She noted that although he was instructed to report immediately after his release on Oct. 26 for regular alcohol testing and other conditions, he did not report for the testing until a full month after his release.

The charge of assault with a deadly weapon, on which he was convicted, stemmed from allegations by prosecutors that Furr pointed his gun at one of the transgender women’s friends outside a CVS store on the 400 block of Massachusetts Ave., N.W. at about 5 a.m. on Aug 26, 2011.

According to testimony by the victims, Furr solicited one of the trans women propositioning sex for money minutes earlier on the street at 5th and K Streets, N.W. The woman rebuffed his request and walked away, but Furr followed her to the CVS store, where one of her male friends called on Furr to leave her alone, witnesses reported.

Furr then started an argument that continued outside the store, where Furr pulled out his gun and pointed it at the women’s friend.

Although Furr did not fire the gun, prosecutors argued his action constituted an assault with a deadly weapon and persuaded the jury to convict him on that count.

During the trial the defense presented evidence, which prosecutors acknowledged was factually correct, that the trans women and their male friends responded by following Furr in their car after Furr drove away from the CVS store.

Trial testimony showed that the group followed Furr to the area of 3rd and K Street, N.W., where they observed Furr attempting to solicit another transgender woman for sex. At that point, two of the people in the car got out and confronted Furr and one or both of them assaulted Furr, witnesses testified during the trial.

Furr then returned to his car and drove away, with the trans women and their male friends following him again, witnesses testified. This prompted Furr to stop his car at First and Pierce Streets, N.W., and fire his gun at the other car, which Furr’s lawyer said was in pursuit of his, according to testimony at the trial.

One of the male friends driving the vehicle ducked to avoid being shot and unintentionally rammed the car into Furr’s car, witnesses testified.

Furr responded by climbing on the hood of the car occupied by the transgender women and their friends and fired five times through the front windshield, causing three of the occupants to suffer non-fatal gunshot wounds.

Within minutes D.C. police rushed to the scene and arrested Furr, who was found to have a blood alcohol level twice the legal limit under D.C. law.

David Knight, Furr’s lead defense attorney, appeared to have persuaded the jury that the people he shot at were the aggressors and Furr acted in self-defense, court observers said.

“He was alone, outnumbered and under attack,” the Washington Post quoted Knight saying to the jury. “He was threatened, assaulted and pursued by a car full of people who wanted to harm him.”

In her sentencing memorandum, Worm said that at no point did Furr identify himself as a police officer to the complainants nor did he call for police help if he believed he was in danger.

“To be sure, some of the complainants involved in this incident engaged in risky behavior and bad judgment,” she said in the memo.

“The government does not minimize the fact that both parties had opportunities to withdraw from this conflict, but the government’s view, as exhibited in its charging decisions, is that the defendant bore criminal responsibility for provoking and escalating the conflict, and introducing a deadly weapon into a situation that could have otherwise been resolved,” Worm wrote in the memo.

“Many of the witnesses who testified at trial were associated, in some way, with Washington, D.C.’s transgender community,” Worm said in the memo. “That community has historically suffered discrimination from a variety of sources. Moreover, the members of the transgender community bear a heightened risk that they will be victims of violent crime,” she wrote.

“This defendant was a police officer charged with protecting and serving the citizens of the District of Columbia,” she said. “Defendant Furr’s actions on the night of this offense increased the transgender community’s already significant safety concerns and their distrust of the Metropolitan Police Department.”

D.C. police spokesperson Gwendolyn Crump said Furr has been suspended without pay and that the department will follow its standard procedure for dealing with an officer convicted of a felony. Police observers have said a felony conviction, especially one associated with violence, usually results in the firing of a police officer.

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Maryland

Federal officials launch Title IX probe into Md. schools over trans athletes

Montgomery, Prince George’s, and Frederick Counties named in probe

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U.S. Department of Education. (Public domain photo)

On June 23, the U.S. Department of Education’s Office for Civil Rights announced it is launching a Title IX investigation into three Maryland school districts and the Maryland State Department of Education for failing to enforce sex-based protections guaranteed by federal law.

The districts include Montgomery County Public Schools, Prince George’s County Public Schools, and Frederick County Public Schools.

According to the department, these districts require schools to allow boys to compete in girls’ athletics, to use girls-only locker rooms, restrooms, and overnight accommodations alongside female athletes.

According to Bethesda Today, Montgomery County Public Schools spokesperson Liliana Lopez said “MCPS remains committed to providing safe, welcoming and inclusive learning environments for all students and to complying with applicable federal and Maryland laws and regulations. As the matter is now under review by the Office for Civil Rights, we have no further comment at this time.” 

Assistant Secretary for Civil Rights Kimberly Richey states that allowing students access to sex-separated programs and facilities based on gender identity is “deeply troubling.”

“54 years after Title IX was signed into law, the Trump administration remains steadfast to enforce its promise to protect women and girls. We will fully investigate these allegations and take appropriate action to ensure compliance with federal law,” Richey said in a statement. 

According to the press release from the Department of Education, the violation falls under a Trump-Vance administration rewrite of Title IX, which aligned the sex-based protections “with biological reality, not ideological fantasy.” 

This comes after the NCAA released a statement in February stating that people assigned male at birth cannot participate in women’s sports teams. The NCAA stated, “The policy is clear that there are no waivers available, and students assigned male at birth may not compete on a women’s team with amended birth certificates or other forms of ID.” 

The U.S. Supreme Court is also currently deliberating on a case regarding transgender athletes in youth sports and their ability to play on teams that align with their gender identity, with the decision expected in the coming days.

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Comings & Goings

Marengo named executive director of Equality Chamber

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Paul Marengo

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]

Congratulations to Paul Marengo who has been appointed the new executive director of the Equality Chamber of Commerce.  

The Equality Chamber of Commerce is dedicated to advancing economic opportunities, business growth, and advocacy for LGBTQ+ entrepreneurs, professionals, and allies. Through networking, education, and community engagement, the Chamber works to create a thriving and inclusive business environment for all.

On behalf of the Chamber, Edmund Morris said, “We are thrilled to welcome Paul Marengo as executive director. His passion, vision, and dedication to fostering inclusive business environments make him the ideal leader to guide the Chamber into its next phase of growth and success.”

Marengo has been a nonprofit fundraising executive for more than 30 years. He is the founder and CEO of Promethean Fundraising, a grassroots consulting firm that provides assistance, tools, and empowers emerging nonprofits to become competitive fundraisers. His clients have included The Chamber, Ragtag Film Society, and The Cherry Fund. He has served as a grant reviewer for the Maryland State Arts Commission, Virginia Commission for the Arts, DC Commission on the Arts and Humanities, and the National Endowment for the Arts.

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District of Columbia

Nearly 6,000 turn out for Pride Night Out at the Nationals

Gay Men’s Chorus sings National Anthem

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About 6,000 people purchased tickets for the Wednesday, June 24 Pride Night Out at the Washington Nationals game. (Washington Blade photo by Lou Chibbaro, Jr.))

“Just shy of” 6,000 people purchased tickets for the Wednesday, June 24, 21st annual Pride Night Out at the Washington Nationals baseball stadium, which the Nationals said is the longest running LGBTQ Pride event in Major League Baseball, according to a Nationals spokesperson.

The event was organized with the Nationals by Team D.C., the local LGBTQ sports group that organizes similar Pride Nights for other professional D.C. area sports teams.

“It was a good time had by all as the Nationals celebrated the LGBTQ+ community during the Nationals 21st Pride Night Out, presented by Team D.C.” the Nationals said in a statement.

Nationals spokesperson Erica George said the overall game attendance was 27,200.

Similar to recent past years, the Gay Men’s Chorus of Washington sung the National Anthem at the start of the game, drawing loud cheers from people throughout the stadium.

The Nationals lost the game to the Philadelphia Phillies by a score of 5-4. Although most of the LGBTQ attendees of the event, held in the right-field mezzanine section of the stadium, were cheering for the Nationals, a sizeable number also cheered for the Phillies.

Miguel Ayala, one of Team D.C.’s lead organizers, said he noticed fans displaying Pride flags and recognized LGBTQ people in all parts of the stadium, indicating significantly more LGBTQ people and their supporters attended the game beyond the close to 6,000 or more who purchased the specific Pride Night Out tickets.

“It was a great excitement last night,” he told the Washington Blade on the day following the event. “I saw a lot of big crowds of our people, I saw everybody I can think of in the community. And it was really great to see the turnout.”  

Also, like in previous years, Team D.C. along with the Nationals helped to organize a pre-game show on the large concourse platform area next to the stadium seating area involving a drag show led by local drag performer Shi-Queeta Lee.

“During pregame ceremonies, the Nationals Pride employee resource group was recognized on the field,” the statement released by the Nationals says. “Dr. Demetre Daskalakis, a physician and public health leader who has had a profound impact on the LGBTQ+ community and those living with or vulnerable to HIV, threw out the ceremonial first pitch as the guest of Team D.C.,” the statement says.

It adds that Team D.C.’s scholarship recipient Spencer Doll made the ceremonial call to “Play Ball.” 

‘Screech’ attends a previous Pride Night Out at the Nationals event. (Washington Blade file photo by Michael Key)

As if all that were not enough, a Nationals employee who entertains during the Nationals pre-game shows on the field dressed as a giant eagle named “Screech” wearing an eagle’s head mask appeared in the seating area where the Pride Night Out crowd was seated and mingled with the LGBTQ fans, many of whom posed for photos with Screech.

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