D.C. police on Aug. 11 charged a 46-year-old D.C. man with assault with a dangerous weapon in connection with an incident earlier this month in which lesbian activist Aiyi’nah Ford said she was hit in the head three times with the metal legs of a barstool wielded by a man yelling anti-gay names at her.

A police report says the incident took place at the Player’s Lounge, a restaurant and bar at 2737 Martin Luther King Jr. Ave., S.E., in the city’s Congress Heights neighborhood shortly before and after midnight on Aug. 3 and Aug. 4.

Police identified the man charged in the case as Donnell Anthony Peterson, who police say is a resident of 1200 block of Southern Avenue in Southeast D.C.

Ford told the Washington Blade that Peterson, who is a regular customer at Player’s Lounge as is she, assaulted her after the two got into a verbal argument over, among other things, the city’s violence interruption program. Ford said she told Peterson and others who were having a discussion that she considered the program to be ineffective and a “joke.”

It was around that time, Ford said, that Peterson began repeatedly calling her a “dyke bitch” and threatened to shoot her.

The arrest affidavit says witnesses reported seeing Ford covered in blood from a serious head injury before an ambulance arrived on the scene and took her to George Washington University Hospital, where she was treated for a head and scalp wound that required multiple stitches. 

The affidavit, which was filed in D.C. Superior Court, says Peterson on Aug. 11 “turned himself into the Seventh District Police Station,” saying he did so after someone told him police issued a Twitter posting announcing he was wanted on an assault allegation.

Court records show that at the time of his arrest, D.C. police also charged Peterson with Possession with Intent to Distribute a Controlled Substance (Cocaine) based on an unrelated Aug. 26, 2021, outstanding warrant for his arrest on the drug charge obtained by U.S. Park Police. 

The affidavit for his arrest on the assault charge says police learned about the outstanding U.S. Park Police arrest warrant when they conducted a criminal record background check after learning through a tip that Peterson was the person who allegedly assaulted Ford at Player’s Lounge.

Court records also show that Peterson appeared before Superior Court Judge Renee Raymond on Aug. 12, one day after his arrest, for a presentment hearing in which Raymond ordered him held in the D.C. Jail until a scheduled preliminary hearing on Monday.

At the Monday hearing, through his attorney, Peterson waived his right to a full preliminary hearing and agreed that Judge Neal E. Kravitz, who presided over the hearing, would rule that prosecutors with the U.S. Attorney’s office established probable cause that Peterson committed the assault. The probable cause finding means that the case can proceed to a trial.

While ruling in favor of probable cause, Kravitz denied a request by Assistant U.S. Attorney Alec Levy that Peterson continue to be held in jail pending trial. Levy argued that Peterson “viciously” hit Ford over the head with a barstool at least two times as shown on a video recording of the incident obtained from a camera from Player’s Lounge video security system.

Levy also said that at the time Peterson assaulted Ford he used “derogatory” language referring to her sexual orientation. 

But court records show that as of the time of the Monday hearing, the U.S. Attorney’s office did not list the assault against Ford as a bias related crime.

In response to an inquiry by the Blade, a spokesperson for the U.S. Attorney’s office said the office is not considering adding a bias or hate related enhancement to the assault charge. “We typically do not comment on charging decisions and have no further comment,” said spokesperson William Miller. 

As part of his argument for Peterson to be held while awaiting trial, Levy requested and received permission from the judge to show a segment of the video on a large projection screen in the courtroom. Peterson, who is seen in the video wearing a red shirt, is shown knocking Ford to the floor, and picking up a bar stool and twice hitting her in the head with the metal legs of the stool.   

Levy concluded his argument by noting that Peterson has three prior convictions on drug related charges. The prosecutor said Peterson fled the scene when he was stopped in his car by U.S. Park Police who found cocaine in the vehicle in August 2021, which resulted in the warrant for his arrest being issued and which Levy called a fourth prior criminal offense.

Combined with the Assault with a Dangerous Weapon charge, Levy argued that Peterson should be held pending trial on grounds that he is a danger to the community.

Brandon Burrell, Peterson’s court appointed attorney, argued that the current assault case was the only case in which Peterson is accused of a crime of violence. Burrell said that Peterson has never failed to appear at a court hearing in any of his prior arrest cases and is gainfully employed at a facility providing services to senior citizens in Ward 8. 

Burrell also said he plans to point to evidence shown in the video of the assault at Player’s Lounge that Ford acted in an aggressive and hostile way toward Peterson and that Peterson has grounds for making a case of self-defense. Levy disputed Burrell’s claim that there may be grounds for self-defense. Levy said that, among other things, the video footage shows Peterson acting as the aggressor by violently wielding a bar stool as a weapon.

After listening to the arguments by the defense and prosecutor and after reading the arrest affidavit, which describes in detail the segments of the video that were not shown in the courtroom, Kravitz ruled that Peterson was eligible to be released into the court’s high intensity supervision program. Kravitz ordered Peterson into “home confinement” at his residence in Southeast D.C. except for the time during the week when he goes to work at his job. The judge also ordered that Peterson must wear a GPS device that keeps track of his whereabouts. 

Kravitz scheduled a felony status conference for which Peterson must return to court on Sept. 16. 

The four-page arrest affidavit prepared by a D.C. police detective describes in detail the video obtained from the security camera at Player’s Lounge that captured the incident as it occurred and in which Peterson is seen striking Ford in the head at least two times with what it describes as a chair.

“The suspect grabs one of the chairs that’s at the bar (red with black frame) at 23: 11:06,” the affidavit says. “The suspect then slams the chair into the complainant’s head,” it says. 

“The suspect then pushes the complainant into the bar at 23:11:09. The suspect pulls a chair from underneath the complainant and slams it into the complainant’s upper body again at 23:11:15,” the affidavit states.

According to the affidavit, “The suspect attempts to grab a chair for the third time, but patrons are able to separate the suspect and push him into another room.”