Connect with us

District of Columbia

New D.C. police chief pledges ‘fair and equal treatment’ for LGBTQ community

Says role as ordained minister won’t impact efforts to provide services for everyone

Published

on

Acting D.C. Police Chief Pamela Smith. (Photo courtesy of MPD)

Acting D.C. Police Chief Pamela Smith, whose nomination to become permanent chief is pending before the D.C. Council, said she is committed to providing “fair and equal treatment” for all the city’s diverse communities, including the LGBTQ community, in her role as the city’s chief law enforcement officer.

In an Aug. 9 interview with the Washington Blade, Smith responded to questions raised by some in the LGBTQ community about whether due to her background as an ordained minister she may have biased views toward LGBTQ people based on her religious beliefs.

“Thank you for that question, and I certainly welcome any questions that members of any community may have with respect to my faith,” Smith told the Blade. “What I will tell you is I’ve been in law enforcement for 25 years. And I’ve always and will continue to provide fair and equal treatment to anyone who is subjected to any kind of threat or crime,” Smith said.

“And since we’re specifically speaking about the LGBTQ community, that translates to the LGBTQ community as well,” she said. “And my faith has nothing to do with me treating anyone differently,” she added.

“I served when I came into the Metropolitan Police Department as the Chief Equity Officer,” she said. “And my role was certainly about fair and equitable treatment for every employee of the Metropolitan Police Department,” said Smith. “And for me, that transfers to the members of our community – our businesses, our visitors, our tourists here in the District of Columbia.”

Asked whether that policy would apply to members of the LGBTQ community as well, Smith replied: “Absolutely. Listen, we have many members from the LGBTQ community here in MPD, including a transgender sworn member currently up to the rank of a lieutenant.”

Smith added, “We also have LGBTQ members in the reserve and volunteer corps supporting many functions in the department, including support of the LGBTQ Liaison Unit. We have a nationally recognized LGBTQ Liaison Unit.”

According to Smith, that unit, listed on the MPD website as the Lesbian, Gay, Bisexual and Transgender Liaison Unit (LGBTLU), provides services to crime victims, outreach to community meetings, and “training and support to the rest of the department as well as the community.”

D.C. Mayor Muriel Bowser on July 17 nominated Smith to become the city’s next police chief. At the time her nomination was announced Smith was serving as an assistant chief. A short time later, the mayor named her acting chief while her nomination was pending before the D.C. Council, which is expected to approve the nomination when the Council returns from its summer recess.

If her nomination is approved by the Council, Smith would make history by becoming the first African-American woman to serve as the permanent D.C. police chief since the department was founded in 1861.

Smith joined the D.C. Metropolitan Police Department in May 2022 after having served as Chief of Police for the United States Park Police in the nation’s capital. Her more than 20 years of service with the Park Police included assignments at Park Police offices in New York, Atlanta, and San Francisco.

Among the topics the Blade raised with Smith during her interview was concern raised by some LGBTQ activists and other community activists that the shortfall of police officers that the department is currently facing has prevented the department from replacing members of the community liaison units, including the LGBT Liaison Unit, when members of those units retire or take other jobs.

Smith said she is committed to retaining the liaison units and doing all she can to keep them fully staffed.

“While we have no officers who have been reassigned away from those units, we do realize that attrition takes a toll on any area of the organization,” she told the Blade. “And what I want you to know is the Special Liaison Branch, which includes the teams servicing the LGBTQ plus community as well as our immigrant, our interfaith, deaf and hard of hearing communities – they play an important role in servicing and connecting with our diverse community,” Smith said.

“And this is especially true now as D.C. prepares to host World Pride in 2025,” she said, referring to D.C. having been selected to host the 2025 international LGBTQ Pride event, which draws hundreds of thousands of visitors from throughout the world.

“And so, what I have done as an initial step within the last couple of weeks is that I’ve approved four vacancies to be filled in the Special Liaison Branch,” Smith said. “And two of those vacancies will be for our LGBTQ unit.”

The Blade also asked Smith how she plans to address the issue of hate crimes at a time when D.C. police crime statistics show that over the past 10 years, the largest number of reported hate crimes in the city are those that have targeted LGBTQ people as victims.

“What I can say is in the department, we certainly have strong policies and training to make sure members can recognize hate crimes,” Smith said. “And officers have to report whether there are any indicators of a possible hate crime whenever they’re investigating or engaged in a case,” she added. “We have a multidisciplinary team that works together on reported hate crimes.”

The Blade asked Smith for her thoughts on calls by some community activists, including LGBTQ activists, for the decriminalization of prostitution involving consenting adults and for the police to de-prioritize making prostitution-related arrests for consenting adults.

“Well, I think our position today and our position has always been that we continue to enforce the laws of the District of Columbia,” she said, adding that in the past several years D.C. police have focused more on targeting sex worker customers or “Johns” in making prostitution-related arrests.

Smith said she was not familiar with the specifics of the D.C. police investigation into the unexplained death of D.C. gay resident Ernest Terrell Newkirk, 55, whose body was found May 28 on a Southeast D.C. street several hours after he attended an LGBTQ Black Pride dance party at a Capitol Hill gay bar. His partner of 21 years, Roger Turpin, said Newkirk’s wallet, phone, jewelry, and car were all missing at the time he was found.

Turpin has expressed concern that the detective initially assigned to the case declined to look for fingerprints on Newkirk’s car that was found two days later and was not interested in tracking down calls made by someone on Newkirk’s phone shortly after his body was found.
D.C. Police have said they have ruled out a homicide in the case because there were no signs of injuries on Newkirk’s body, but the cause of death has yet to be determined due to delays in chemical toxicology tests by the Office of the D.C. Chief Medical Examiner. A police spokesperson said the case remains under investigation.

Turpin said a new detective was assigned to the case and he is hopeful that police would aggressively investigate the case.

“What I can do is see if I can obtain some additional information from our investigators on this side,” Smith told the Blade. She said she knows from personal observation that MPD detectives “work very aggressively” on the cases to which they are assigned.

Asked if she has any message for the LGBTQ community in her role as Acting Chief of Police and in anticipation of her confirmation as permanent chief, Smith had this to say:

“Well, I can say personally the LGBTQ plus community will see me. They will see me out and about,” she added. “They will probably see me in spaces and places that they’re probably not familiar with seeing me in,” she said.

“And I plan to be very supportive. And if there’s anything that I can do to be of support to the LGBTQ community just as I would any other community, I would add, don’t hesitate to reach out,” she said. “If there’s anything I can learn new about various communities or different communities I’m open to that as well.”

A transcript of the full interview follows:

Acting D.C. Police Chief Pamela Smith
Interview with Lou Chibbaro Jr.
August 9, 2023

Washington Blade: People in the LGBTQ community who are familiar with your record with the D.C. police and the U.S. Park Service have had good things to say about you. But some in the LGBTQ community may be interested in knowing whether your role as an ordained minister might have some impact on how you address LGBTQ-related issues. Historically, some clergy have not been supportive of LGBTQ people and even have opposed legislation to protect the rights of LGBTQ people. Might you have a message for those who may be curious about your role as a police chief and a clergy person?

Pamela Smith: So, what I can say, and thank you for the question. And I certainly welcome any questions that members of any community may have with respect to my faith. What I will tell you is I’ve been in law enforcement for 25 years. And I’ve always and will continue to provide fair and equal treatment to anyone who is subjected to any kind of threat or crime.

And I will always ensure that I provide fair and equal treatment to the members of the Metropolitan Police Department and the residents and the citizens that are visiting the District of Columbia. And my faith has nothing to do with me treating anyone differently. I served when I came into the Metropolitan Police Department as the Chief Equity Officer. And my role was certainly about fair and equitable treatment for every employee of the Metropolitan Police Department.

And for me that transfers to the members of our community – our businesses, our visitors, our tourists here in the District of Columbia.

Blade: Can we assume that would apply to members of the LGBTQ community as well?
Smith: Absolutely. Listen, we have many members from the LGBTQ community here in MPD, including a transgender sworn member currently up to the rank of a lieutenant. We also have LGBTQ members in the reserve and volunteer corps supporting many functions in the department, including support of the LGBTQ Liaison Unit. We have a nationally recognized LGBTQ Liaison Unit. They serve our community. They provide services to victims, regular outreach to meetings. And they provide training and support to the rest of the department as well as the community.

So, I state that I support and will always provide fair and equal treatment to all people. And since we’re specifically speaking about the LGBTQ community, that translates to the LGBTQ community as well.

Blade: Regarding your mention of the LGBTQ Liaison Unit, we have heard that due to the shortage of police officers on the force, the number of officers assigned to the liaison units, including the LGBTQ Liaison Unit, have declined, in some cases due to attrition. Can you comment on whether there is a problem in keeping the liaison units sufficiently staffed?

Smith: I don’t think there is a problem in keeping up the liaison units. I think we have to be honest and talk about the fact that we have low staffing numbers across the department. Certainly, we have many challenges as we make decisions on how we reposition some of our employees. And we will continue to do that throughout the years.

While we have no officers who have been reassigned away from those units, we do realize that attrition takes a toll on any area of the organization. And what I want you to know is the Special Liaison Branch, which includes the team servicing the LGBTQ+ community as well as our immigrant, our interfaith, deaf and hard of hearing communities – they play an important role in servicing and connecting with our diverse community.

And this is especially true now as D.C. prepares to host World Pride in 2025. And so, what I have done as an initial step within the last couple of weeks is that I’ve approved four vacancies to be filled in the Special Liaison Branch. And two of those vacancies will be for our LGBTQ unit.

Blade: The last we had heard was there were just three officers assigned to the LGBT Liaison Unit as of earlier this year.

Smith: Well, it’s important to me. I think I said to you as I think about enhancing numbers in some of our positions as we gain new employees across the police department, I recognize the importance of our Special Liaison Branch and the members of the team that provide a service to our community. It’s certainly important to me that we not only fill vacancies in other areas across the workforce, but I am also committed to doing the same thing with our Special Liaison Branch to include our LGBT community liaison unit.

Blade: Concerning the issue of hate crimes, the MPD data over the past 10 years shows that the largest number of reported hate crimes in D.C. are those that target members of the LGBTQ community. Is there anything you can say about the department’s efforts to address hate crimes?

Smith: What I can say is in the department, we certainly have strong policies and training to make sure members can recognize potential hate crimes, for all crimes. And officers have to report whether there are any indicators of a possible hate crime whenever they’re investigating or engaged in a case. We have a multidisciplinary team that works together on reported hate crimes.

And that also includes the Special Liaison Branch, which shares information from the community with the team and information on investigations within the community. As appropriate, we have a Criminal Investigation Division, which investigates all hate crimes. And then we have intelligence. And what we do with intelligence is that we share information that the department becomes aware of with the other two branches, such as our Criminal Investigation Division and our Special Liaison Branch.

We also coordinate with our federal partners, including the prosecutors, the FBI, the U.S. Park Police, as well as other law enforcement agencies across the District of Columbia. We also have great relationships with our colleges and universities – our college campuses, rather, to ensure that information is shared and any available resources that we might have, or they might have, that we can leverage those resources.

And I’m sure, as you know, it’s difficult sometimes for the police to address hate and bias in the community, which is why we partner with people and entities that can mean stronger messages such as with Rev. [Thomas] Bowen, the director of the Mayor’s Office of Religious Affairs, and other faith leaders. We focus on preventing crime generally by responding to investigate hate crimes that happen and working with the community.

So, similarly like domestic violence or sexual assaults, we are concerned and making sure we encourage reporting of these types of events to ensure that we can drive these numbers down.

Blade: We have observed that in a number of cases the U.S. Attorney’s office drops the designation of a hate crime that D.C. police have sent to them after an arrest is made. Officials with the U.S. Attorney’s office have said sometimes there is insufficient evidence for them to obtain a conviction by a jury on a hate crimes case. Is MPD doing all it can to make sure the evidence for hate crimes cases is sufficient?

Smith: Absolutely. And I think that goes to what I said earlier, just making sure we continue to train our employees, our officers, our members to recognize potential hate crimes and making sure we’re providing the U.S. Attorneyi’s office with the appropriate evidence and documentation that’s needed to prosecute these cases.

Blade: Some in the LGBTQ community have joined advocates for sex workers in asking whether D.C. police should be devoting their resources, at a time when violent crime is rising, to arresting sex workers, including transgender women who sometimes are forced to engage in survival sex work because they can’t find other employment. We hear that arrests of transgender sex workers have occurred in recent years in an area along Eastern Avenue near the Maryland line, but that MPD may be changing its policy this year by not making as many of those arrests when the parties involved are consenting adults. What can you say about that?

Smith: Well, I would definitely never say that we’re not focused on all aspects of crimes throughout the District of Columbia and that the officers are less concerned and there’s less of an interest in making sure we are addressing all crimes. In the department, we work very closely with many of our community partners such as HIPS to try and address community concerns. And to make sure that individuals engaged in survival sex work have other options.

At MPD we have made five arrests this year, all of which were of Johns, not sex workers. I think we conducted an operation within our Sixth District. And that includes one of the areas that you spoke about, Eastern Avenue… We’ve made like five arrests this year. And what I will say is between the years of 2018 and 2023, as late as August 6, which is a couple of days ago, we’ve arrested over 2,150 Johns related to prostitution.

Blade: Again, some in the LGBTQ community as well as in the community at large there has been talk of decriminalizing sex work only between consenting adults and deemphasizing arrests involving consenting adults. No one is condoning the sex trafficking of minors. Does that put MPD in a difficult position since you’ve said you must enforce the law?

Smith: Well, I think our position today and our position has always been that we continue to enforce the laws of the District of Columbia.

Blade: On another matter, the partner of a D.C. gay man whose body was found on a street in Southeast D.C. — on 46th Place, S.E. — the day after he attended an LGBTQ Black Pride event at a bar on Capitol Hill over Memorial Day weekend has raised concerns that police are not sufficiently investigating this case. The partner says the man’s wallet, phone, and car were all missing before the car was found a few days later in another location. He says the detective at the time was not interested in looking for fingerprints inside the car when it was found or in tracking down phone calls made on the partner’s phone in an incident, he thinks, was a carjacking. Paris Lewbel, the MPD spokesperson, has said the case is still under investigation. Is this something you are aware of and which you might comment on?

Smith: Well, I am not familiar with the particulars of this case or investigation. But, in spaces where I’m not familiar with it and also if it’s still under investigation based as Paris has shared with you, that would be my position as well. What I can do is see if I can obtain some additional information from our investigators on this side.

What I will say and will say this outwardly is that our detectives work very aggressively. I’ve seen them since I’ve been here – I’ve been with the Metropolitan Police Department now for almost 16 months. And I have seen them workday in and day out. As a matter of fact, I’m often concerned about their emotional well-being because they are always in the office, always working.

They take these cases very personally. And I know they would do their due diligence if there was any foul play or anything that may have been associated with this case or any particular case. I’ve seen them really work hard. And I don’t think in this particular case it would be any different.

Blade: The partner did tell us yesterday that another detective contacted him. He thinks it might have been after the Washington Blade story ran on this case. He said the detective told him they are continuing to work on the case.

Smith: Excellent – that’s good to hear.

Blade: Is there anything else you may wish to say that the LGBTQ community might want to know regarding your plans for the MPD?

Smith: Well, I can say personally the LGBTQ+ community will see me. They will see me out and about. They will probably see me in spaces and places that they’re probably not familiar with seeing me in. And I plan to be very supportive. And if there’s anything that I can do to be of support to the LGBTQ community just as I would with any other community, I would add don’t hesitate to reach out. If there’s anything I can learn new about various communities or different communities I’m open to that as well.

Blade: Thank you very much, chief, for this interview.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

District of Columbia

Activist hosts Diwali celebration in D.C.

More than 120 people attended Joshua Patel’s party on Nov. 9.

Published

on

Joshua Patel hosted a Diwali celebration at the Speakeasy at Capo Deli on Florida Avenue, N.W., on Nov. 9, 2025. (Photo courtesy of Josh Patel)

LGBTQ activist and businessman Joshua Patel hosted a community Diwali party on Nov. 9.

Patel organized the event as a community gathering amid the Trump-Vance administration’s policies against LGBTQ inclusion and DEI. The event, held at the Capo Deli speakeasy, drew more than 120 attendees, including local business leaders.

Patel is a franchise owner of ProMD Health, recently awarded as the best med spa by the Washington Blade. He is also a major gift officer at Lambda Legal.

Patel noted that upon moving from New York to Washington in 2022, he desired a chance for community-based Diwali celebrations. He stated that the city offered minimal chances for gatherings beyond religious institutions, unless one was invited to the White House’s Diwali party. 

“With our current administration, that gathering too has ended — where we cannot expect more than Kash Patel and President Trump lighting a ‘diya’ candle on Instagram while simultaneously cutting DEIB funding,” Patel said.

In addition to celebrating the festival of lights and good over evil, Patel saw the event as a moment to showcase “rich, vibrant culture” and “express gratitude.”

Patel coined the celebration a “unifier.”

“From a spiritual angle, Shiva was the world’s first transgender God, taking the form of both “male” and “female” incarnations,” Patel said. “The symbolism of our faith and concepts are universal and allows for all to rejoice in the festivities as much or little as they desire.”

Savor Soiree, DMV Mini Snacks and Capo Deli catered the event. DJ Kush spun music and Elisaz Events decorated the Diwali celebration.

The Diwali party also featured performances by former Miss Maryland Heather Young Schleicher, actor Hariqbal Basi, Patel himself and Salatin Tavakoly and Haseeb Ahsan.

Continue Reading

District of Columbia

Capital Pride files anti-stalking complaint against local LGBTQ activist

Darren Pasha denies charge, claims action is linked to Ashley Smith’s resignation

Published

on

Darren Pasha (Washington Blade file photo by Michael Key)

Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a Civil Complaint on Oct. 27 against local LGBTQ activist and former volunteer Darren Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride’s staff, board members, and volunteers.

The complaint, which was filed in D.C. Superior Court, was accompanied by a separate motion seeking a court restraining order, preliminary injunction and anti-stalking order prohibiting Pasha from “any further contact, harassment, intimidation, or interference with the Plaintiff, its staff, board members, volunteers, and affiliates.”

According to online court records, on Oct. 28, a judge issued an “initial order” setting the date for a scheduling conference for the case on Feb. 6, 2026. As of the end of the business day on Friday, Nov. 7, the judge did not issue a ruling on Capital Pride’s request for an injunction and restraining order

The court records show that on Nov. 5 Pasha filed an answer to the complaint in which he denies all allegations that he targeted Capital Pride officials or volunteers for stalking or that he engaged in any other improper behavior.

“It is evident that the document is replete with false, misleading, and unsubstantiated assertions,” Pasha says in his response, adding that “no credible or admissible evidence has been provided” to meet the statutory requirements for an anti-stalking order.

The Capital Pride complaint includes an 18-page legal brief outlining its allegations against Pasha and an additional 167-page addendum of “supporting exhibits” that includes multiple statements by witnesses whose names are blacked out in the court filing documents.

“Over the past year, Defendant Darren Dolshad Pasha (“DSP”} has engaged in a sustained and escalating course of conduct directed at CPA, including repeated and unwanted contact, harassment, intimidation, threats, manipulation, and coercive behavior targeting CPA staff, board members, volunteers, and affiliates,” the Capital Pride complaint states.

It continues, “This conduct included physical intimidation, unwanted physical contact, deception to gain unauthorized access to events, retaliatory threats, abusive digital communication, proxy-based harassment, and knowing defiance of organizational bans and protective orders.”

The sweeping anti-stalking order requested in Capital Pride’s court motion would prohibit Pasha from interacting in person or online or electronically with “all current and future staff, board members, and volunteers of Capital Pride Alliance, Inc.”

The proposed order adds, the “defendant shall stay at least 200 yards away from the principal offices of Capital Pride Alliance” and “shall stay at least 200 yards away from all Capital Pride Alliance events, event venues, associated activities, and affiliated gatherings.”

The reason for these restrictions, according to the complaint, is that Pasha’s actions toward Capital Pride staff, board members, and volunteers allegedly reached the level of causing them to fear for their safety, become “alarmed, disturbed, or frightened,” or suffer emotional distress as defined in D.C.’s anti-stalking law.

Among the Capital Pride officials who are identified by name and who have included statements in the complaint in support of its allegations against Pasha are Ashley Smith, the former Capital Pride Alliance board president, and June Crenshaw, the Capital Pride Alliance deputy director.

“I am making this declaration based on my personal knowledge to support CPA’s petition for a Civil Anti-Stalking Order (ASO) against Daren Pasha,” Smith says in his court statement. “My concerns about the respondent are based on my personal interactions with him as well as reports I have received from other members of the CPA community,” Smith states.

The Capital Pride complaint against Pasha and its supporting documents were filed by D.C. attorney Nick Harrison of the local law firm Harrison-Stein PC.

In his 16-page response to the complaint that he says he wrote himself without the aid of an attorney, Pasha says the Capital Pride complaint against him appears to be a form of retaliation against him for a dispute he has had with the organization and its then president, Ashley Smith, over the past year.

His response states that the announcement last month by Capital Pride that Smith resigned from his position as board president on Oct. 18 after it became aware of a “claim” regarding Smith and it had opened an investigation into the claim supports his assertion that Smith’s resignation is linked to his year-long claim that Smith tarnished his reputation.

Among his allegations against Smith in his response to the Capital Pride complaint, Pasha accuses Smith of using his position as a member of the board of the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization, to persuade HRC to terminate his position as an HRC volunteer and to ban him from attending any future HRC events. He attributes HRC’s action against him to “defamatory” claims about him by Smith related to his ongoing dispute with Smith.

The Capital Pride complaint cites HRC officials as saying Pasha was ousted from his role as a volunteer after he allegedly engaged in abusive and inappropriate behavior  toward HRC staff members and other volunteers.

 Capital Pride has so far declined to disclose the reason for Smith’s resignation pending an internal investigation. 

In its statement announcing Smith’s resignation, a copy of which it sent to the Washington Blade, Capital Pride Alliance says, “Recently, CPA was made aware of a claim made regarding him. The organization has retained an independent firm to initiate an investigation and has taken the necessary steps to make available partner service providers for the parties involved.”

The statement adds, “To protect the integrity of the process and the privacy of all involved, CPA will not be sharing further information at this time.”

Smith did not respond to a request by the Blade for comment, and Capital Pride has declined to disclose whether Smith’s resignation is linked in any way to Pasha’s allegations. 

The Capital Pride complaint seeks to “characterize me as posing a threat sufficient to justify the issuance of a Civil Anti-Stalking Order (CAO), yet no credible or admissible evidence has been provided to satisfy the statutory elements required under D.C. Code 22-3133,” Pasha states in his response.

“CPA’s assertions fail to establish any such conduct on my part and instead appear calculated to discredit and retaliate against me for raising legitimate concerns regarding the conduct of its former Board President,” he states in his response.

In its complaint against Pasha and its legal memorandum supporting its request for an anti-stalking order, Capital Pride provides a list of D.C. Superior Court records that show Pasha has been hit with several anti-stalking orders in cases unrelated to Capital Pride in the past and has violated those orders, resulting in his arrest in at least two of those cases.

“A fundamental justification for granting the [Anti-Stalking Order] lies in the Respondent’s extensive and recent criminal history demonstrating a proven propensity for defying judicial protective measures,” the complaint states. “This history suggests that organizational bans alone are insufficient to deter his behavior, elevating the current situation to one requiring mandatory judicial enforcement,” it says.

“It is alleged that in or about June 2025, Defendant was convicted on multiple counts of violating existing Anti-Stalking Orders in matters unrelated to Capital Pride Alliance (“CPA”),with consecutive sentences imposed, purportedly establishing a pattern of contempt for judicial restraint,” Pasha states in his court response to the Capital Pride complaint.

“These allegations are irrelevant to the matter currently before the Court,” his response continues. “The events cited are entirely unrelated to CPA and the allegations underlying the petition for a Civil Anti-Stalking Order. Moreover, each of these prior matters has been fully adjudicated, resolved, and dismissed, and therefore cannot serve as a basis to justify the issuance of a permanent Civil Anti-Stalking Order in this unrelated proceeding.”

He adds in his response, “Any reliance on such prior matters is misleading, prejudicial, and legally insufficient.”

Continue Reading

District of Columbia

‘Sandwich guy’ not guilty in assault case

Sean Charles Dunn faced misdemeanor charge

Published

on

Sean Charles Dunn was found not guilty on Thursday. (Washington Blade file photo by Joe Reberkenny)

A jury with the U.S. District Court for the District of Columbia on Thursday, Nov. 6, found D.C. resident Sean Charles Dunn not guilty of assault for tossing a hero sandwich into the chest of a U.S. Customs and Border Protection agent at the intersection of 14th and U streets, N.W. at around 11 p.m. on Aug. 10. 

Dunn’s attorneys hailed the verdict as a gesture of support for Dunn’s contention that his action, which was captured on video that went viral on social media, was an exercise of his First Amendment right to protest the federal border agent’s participating in President Donald Trump’s deployment of federal troops on D.C. streets. 

Friends of Dunn have said that shortly before the sandwich tossing incident took place Dunn had been at the nearby gay nightclub Bunker, which was hosting a Latin dance party called Tropicoqueta. Sabrina Shroff, one of three attorneys representing Dunn at the trial, said during the trial after Dunn left the nightclub he went to the submarine sandwich shop on 14th Street at the corner of U Street, where he saw the border patrol agent and other law enforcement officers  standing in front of the shop.

 Shroff and others who know Dunn have said he was fearful that the border agent outside the sub shop and immigrant agents might raid the Bunker Latin night event. Bunker’s entrance is on U Street just around the corner from the sub shop where the federal agents were standing.

 “I am so happy that justice prevails in spite of everything happening,“ Dunn told reporters outside the courthouse after the verdict while joined by his attorneys. “And that night I believed that I was protecting the rights of immigrants,” he said.

 “And let us not forget that the great seal of the United States says, E Pluribus Unum,” he continued. “That means from many, one. Every life matters no matter where you came from, no matter how you got here, no matter how you identify, you have the right to live a life that is free.”

The verdict followed a two-day trial with testimony by just two witnesses, U.S. Customs and Border Protection agent Gregory Lairmore, who identified Dunn as the person who threw the sandwich at his chest, and Metro Transit Police Detective Daina Henry, who told the jury she witnessed Dunn toss the sandwich at Lairmore while shouting obscenities.

Shroff told the jury Dunn was exercising his First Amendment right to protest and that the tossing of the sandwich at Lairmore, who was wearing a bulletproof vest, did not constitute an assault under the federal assault law to which Dunn was charged, among other things, because the federal agent was not injured. 

Prosecutors  with the Office of the U.S. Attorney for D.C. initially attempted to obtain a grand jury indictment of Dunn on a felony assault charge. But the grand jury refused to hand down an indictment on that charge, court records show. Prosecutors then filed a criminal complaint against Dunn on the misdemeanor charge of assaulting, resisting, or impeding certain officers of the United States.

“Dunn stood within inches of Victim 1,” the criminal complaint states, “pointing his finger in Victim 1’s face, and yelled, Fuck you! You fucking fascists! Why are you here? I don’t want you in my city!”

The complaint continues by stating, “An Instagram video recorded by an observer captured the incident. The video depicts Dunn screaming at V-1 within inches of his face for several seconds before winding his arm back and forcefully throwing a sub-style sandwich at V-1. 

Prosecutors repeatedly played the video of the incident for the jurors on video screens in the courtroom. 

Dunn, who chose not to testify at his trial, and his attorneys have not disputed the obvious evidence that Dunn threw the sandwich that hit Lairmore in the chest. Lead defense attorney Shroff and co-defense attorneys Julia Gatto and Nicholas Silverman argued that Dunn’s action did not constitute an assault under the legal definition of common law assault in the federal assault statute.

Assistant U.S. Attorney Michael DiLorenzo, the lead prosecutor in the case, strongly disputed that claim, citing various  provisions in the law and appeals court rulings that he claimed upheld his and the government’s contention that an “assault” can take place even if a victim is not injured as well as if there was no physical contact between the victim and an alleged assailant, only a threat of physical contact and injury.

The dispute over the intricacies of  the assault law and whether Dunn’s action reached the level of an assault under the law dominated the two-day trial, with U.S. District Court Judge Carl J. Nichols, who presided over the trial, weighing in with his own interpretation of the assault statute. Among other things, he said it would be up to the jury to decide whether or not Dunn committed an assault.

Court observers have said in cases like this, a jury could have issued a so-called  “nullification” verdict in which they acquit a defendant even though they believe he or she committed the offense in question because they believe the charge is unjust. The other possibility, observers say, is the jury believed the defense was right in claiming a law was not violated.

DiLorenzo and his two co-prosecutors in the case declined to comment in response to requests by reporters following the verdict.

“We really want to thank the jury for having sent back an affirmation that his sentiment is not just tolerated but it is legal, it is welcome,” defense attorney Shroff said in referring to Dunn’s actions. “And we thank them very much for that verdict,” she said.

Dunn thanked his attorneys for providing what he called excellent representation “and for offering all of their services pro bono,” meaning free of charge.

Dunn, an Air Force veteran who later worked as an international affairs specialist at the U.S. Department of Justice, was fired from that job by DOJ officials after his arrest for the sandwich tossing incident. 

“I would like to thank family and friends and strangers for all of their support, whether it  was emotional, or spiritual, or artistic, or financial,” he told the gathering outside the courthouse. “To the people that opened their hearts and homes to me, I am eternally grateful.” 

“As always, we accept a jury’s verdict; that is the system within which we function,” CNN quoted U.S. Attorney for D.C. Jeanine Pirro as saying after the verdict in the Dunn case. “However, law enforcement should never be subjected to assault, no matter how ‘minor,’” Pirro told CNN in a statement.

“Even children know when they are angry, they are not allowed to throw objects at one another,” CNN quoted her as saying.

Continue Reading

Popular