District of Columbia
D.C. gay couple robbed, pistol whipped but U.S. Attorney has yet to prosecute
Victim says attackers shouted anti-gay slurs, hit him in face with gun last year
![](https://www.washingtonblade.com/content/files/2023/08/getaway_car_courtesy_insert.jpg)
A D.C. gay man says an official with the Office of the United States Attorney for the District of Columbia last week explained to him why the office has yet to prosecute two male suspects identified by D.C. police who allegedly assaulted and robbed him and his partner at gunpoint near their home while yelling anti-gay slurs more than a year ago.
The gay man, who asked to be identified by his first name, Michael, said the incident took place shortly after midnight on Jan. 8, 2022, as he and his partner, who has also asked to be identified by his first name, Christopher, were walking home at the intersection of 4thĀ and N streets, N.W., when two men wearing ski masks and brandishing handguns approached them and demanded their money.
According to Michael, the official with the U.S. Attorneyās office, whom he declined to identify, told him the delay in prosecuting the case was due to a lack of sufficient evidence to bring the suspects identified by police to trial. But he said the official told him the case remains open and under investigation.
Michael described the incident in detail in an Aug. 1 letter he mailed to Matthew W. Graves, the U.S. Attorney for the District of Columbia, who serves as the cityās lead prosecutor.
He urged Graves in his letter to take steps to prosecute the case using information he and Christopher provided police, including the license plate number of the suspectsā getaway car and purchases made with a credit card stolen from the couple during the robbery. Michael provided a copy of the letter to the Washington Blade.
āTwo men confronted us yelling homophobic slurs then robbed us at gunpoint,ā Michael told Graves in his letter. āDuring this time, I was also pistol whipped in the face before the two escaped in a getaway car,ā he wrote. āTo my dismay, it has been more than a year since the incident occurred, and no progress has been made prosecuting the offenders,ā he told Graves in his Aug. 1 letter.
Michael points to a D.C. police report confirming that police obtained what they believed was sufficient probable cause to obtain a warrant for the arrest of at least two suspects they identified in their investigation. The police report says the U.S. Attorneyās Office declined the police request for the warrant.
But the report does not list the incident as a hate crime, and a police spokesperson told the Blade that the two victims never told police investigators that the suspects called them anti-gay names. Michael and Christopher told the Blade they thought they mentioned the anti-gay name calling to police, but they acknowledge they may not have done so following the trauma of being robbed at gunpoint. Ā
Michael told the Blade that the official with the U.S. Attorneyās office for the first time informed him in an Aug. 25 phone conversation that the delay in prosecuting the case was due to difficulty in definitively identifying the two suspects who robbed him and Christopher and a third suspect who drove the getaway car based on just the license number and credit card information.
āShe said since they had multiple people in the vehicle, and because the gunmen were masked, they are having a hard time linking the credit card/phone information to the carās license plate,ā Michael said the official told him. āThey have to specifically know who did what part of the crime to charge them,ā he attributed the official as saying.
Michael said in an Aug. 28 phone interview with the Blade that he told the U.S. Attorneyās office official that he wants the office to prosecute the case, but he is doubtful the office will do so based on what the official told him.
The office of the U.S. Attorney for D.C. has a longstanding policy of not publicly disclosing its reasons for not prosecuting cases like this one.
Patricia Hartman, a spokesperson for the D.C. U.S. Attorneyās office, when contacted by the Blade, declined to comment on the case, saying, āWe can neither confirm nor deny the existence of investigations.ā
The Blade will update this story to include any explanation the U.S. Attorneyās office decides to publicly disclose for its reason for not prosecuting this case.
Christopher, Michaelās partner, told the Blade one of the two suspects that robbed the two men began touching and grabbing his crotch in an āunwelcome actionā toward him as the suspect was checking his pants pockets for a wallet or any other belonging that the two suspects intended to steal from the two men as the armed robbery unfolded.
The man who touched his crotch did so after he pointed a gun at his chest, Christopher said.
The D.C. police report for the incident obtained by the Washington Blade says that in addition to taking the two menās wallets, at least $100 in cash, and credit cards, the armed gunmen took Christopherās Canada Goose jacket, which the report says had an estimated value of $1,500.
The police report includes the notation, āProsecution Declined (May 4, 2022).ā
The report, however, also states that the incident is not listed as a suspected hate crime.
D.C. police spokesperson Paris Lewbel provided a statement to the Blade saying the two men did not tell the officers responding to the scene of the incident or detectives in follow-up interviews that the suspects called them anti-gay names.
āWe have reviewed the BWC [Body Worn Camera] footage of the officers who responded to the scene and interviewed the two victims of the crime,ā the police statement says. āThey never told officers that the suspects made any statement or anti-gay remarks,ā it says.
āIn a review of follow-up interviews by detectives, they also never stated the suspects made any statement,ā the statement continues. āHad they told the responding officers or detectives, this case would have been classified as a Hate Crime,ā it says.
The statement adds, āThe detectives conducted a complete and exhaustive investigation of this offense, and based on probable cause, they submitted arrest warrants to the United States Attorneyās Office; after a review, the USAO declined to pursue charges at that time, and MPD closed the case administratively.ā
The police statement concludes by saying, āWe cannot comment about USAOās decision and refer you to them for additional information.
Both Michael and Christopher told the Blade they thought they told police about the anti-gay slurs made by the two suspects who robbed them, but they now believe they may not have disclosed that information under the stress and anxiety they experienced after having been robbed at gunpoint.
āI think we were mostly just in shock at the moment,ā Christopher told the Blade in a phone interview. āI donāt know if we focused on that,ā he said in recalling that he and Michael were questioned by police officers at the time of the incident for about two hours.
āIām used to being called a faggot,ā Christopher added. āIām not fazed by that anymore,ā he said, pointing out that those feelings and the stress at the moment may have prompted him not to raise the issue of the anti-gay slurs by the two suspects.
Spokespersons for the D.C. police and the U.S. Attorneyās office did not respond to a question by the Blade on whether they might bring a hate crime charge against the suspects if the case is eventually prosecuted.
Under the D.C. hate crimes law as recently amended, hatred need not be the only motive for the underlying crime for which a hate crime designation could be added. Although armed robbery was the underlying crime in this case, prosecutors can add a hate crime designation if they believe there is sufficient evidence to do so.
Michael states in his letter to U.S. Attorney Graves that he and Christopher provided D.C. police with a photo of the rear of the getaway car capturing the license plate number after the two suspects entered the car with a third person driving the vehicle. Christopher said he took the photo with his phone that the suspects, for unknown reasons, did not take. They took Michaelās phone but minutes later tossed it out the window of the getaway car as it drove off.
According to Michaelās letter to Graves, he and Christopher promptly reported the incident to D.C. police, provided police with the photo of the car license number and subsequently provided police with information about how one of the credit cards stolen from them was used to order food through a food delivery service.
āWith the help of online account information provided by the food delivery service, MPD told us they had enough telephonic evidence to corroborate our stories and for an arrest warrant,ā Michael says in the letter.
Defense attorneys familiar with this type of case have said āprobable causeā by itself may not be sufficient to convince a jury to render a verdict of guilty. Defense attorneys point to the requirement under criminal law that prosecutors must convince a jury that someone is guilty ābeyond a reasonable doubt,ā which is a more stringent criteria than probable cause.
Michael said one or more of the detectives involved in the case told him they believed the evidence obtained from the license plate number of the getaway car, the use of at least one stolen credit card, and information from the food delivery service DoorDash that one of the suspects made purchases through the stolen credit card was substantial enough to charge the suspects, who Michael said the detectives declined to identify by name.
āI do believe that even if one could not prove armed robbery beyond a reasonable doubt, other illegal acts, such as credit card fraud, could be proven,ā Michael said in his letter to Graves.
District of Columbia
D.C. man fatally stabbed by partner was convicted twice for domestic violence
Ted Anthony Brown faces second-degree murder charge
![](https://www.washingtonblade.com/content/files/2024/05/murder_scene_at_517_Harvard_Street_Northwest_insert_c_Washington_Blade_by_Lou_Chibbaro_Jr.jpg)
Prosecutors with the Office of the U.S. Attorney for D.C. disclosed in court filings that Tommy Hudson, 58, the gay man who was stabbed to death by his domestic partner on May 26, had a criminal record of eight arrests and convictions between 1987 and 2018, including two domestic violence assault convictions in which the partner charged with killing him was the victim.
Ted Anthony Brown, 54, who court records show had a longtime romantic relationship with Hudson, was charged on May 29 with second-degree murder while armed for allegedly fatally stabbing Hudson inside Brownās apartment at 517 Harvard St., N.W., following an argument He is being held in jail without bond while awaiting trial.
Charging documents filed in D.C. Superior Court show that at the time of his arrest, Brown waived his Miranda rights to remain silent and confessed to having stabbed Hudson, saying he did so after Hudson punched him in the face while the two were arguing.
āBrown reported that he and the decedent have been involved in a romantic relationship for a significant period and that he was very jealous of the decedentās possible infidelities,ā an affidavit by police in support of his arrest states. āSuspect 1 [Brown] reported to detectives that he believed the decedent punching him to the face did not justify Suspect 1 stabbing the decedent, which ultimately killed him,ā the affidavit says.
Court records show that prosecutors with the Office of the U.S. Attorney on May 31 sent a letter to Brownās defense attorney, Todd Baldwin, disclosing Hudsonās prior arrests and convictions as part of a required discovery process in which prosecutors must disclose information relevant to a criminal case to the defense, even if the information may be harmful to the prosecutorsā case at trial.
The prosecutorsā letter, sent by Assistant U.S. Attorney Lauren Galloway, says Hudsonās prior convictions include a 2018 charge of violating a Temporary Protection Order requiring he stay away from someone he was accused of threatening with domestic violence; a 2015 charge of domestic violence related simple assault against his partner Brown; and a 2014 domestic violence related simple assault and unlawful entry charge also involving Brown.
The letter says Hudson was also convicted of a 2012 charge of Bail Reform Act violation; a 2010 charge of possession of cocaine; a 2002 charge of cruelty to an animal; a 2001 charge of felony āescape;ā a 2000 charge of second-degree theft; a 1997 charge of violation of the Bail Reform Act; and a 1987 charge of criminal ācontempt.ā
Court records, meanwhile, show that on June 17 D.C. Superior Court Judge Anthony Epstein approved a motion by the defense calling for defendant Brown to undergo a mental health competency screening to determine whether he is competent to stand trial. Prosecutors did not oppose the motion. The judge scheduled a āMental Observationā hearing for Brown on July 11 to review and assess the findings of the competency screening.
Court records also show that prosecutors agreed to keep a plea bargain offer they made earlier open until the findings of the mental health exam become known.
District of Columbia
Bernie Delia, attorney, beloved Capital Pride organizer, dies at 68
Activist worked at Justice Department, White House as attorney
![](https://www.washingtonblade.com/content/files/2024/06/20240600_Bernie_Delia_at_Pride_Honors_insert_2_c_Washington_Blade_by_Michael_Key.jpg)
Bernie Delia, a founding member of the Capital Pride Alliance, the group that organizes most D.C. LGBTQ Pride events, and who served most recently as co-chair of World Pride 2025, which D.C. will be hosting next June, died unexpectedly on Friday, June 21, according to a statement released by Capital Pride Alliance. He was 68.
āIt is with great sadness that the Capital Pride Alliance mourns the passing of Bernie Delia,ā the statement says. āWe will always reflect on his life and legacy as a champion, activist, survivor, mentor, friend, leader, and a true inspiration to the LGBTQ+ community.ā
The statement says that in addition to serving six years as the Capital Pride Alliance board president, Delia served for several years as president of Dignity Washington, the local LGBTQ Catholic organization, where he helped create āan environment for spiritual enrichment during the height of the AIDS epidemic.ā
āHe also had a distinguished legal career, serving as one of the first openly gay appointees at the U.S. Department of Justice and later as an appellate attorney,ā the statement reads.
Deliaās LinkedIn page shows that he worked at the U.S. Department of Justice for 26 years, serving as an assistant U.S. attorney from 2001 to 2019. Prior to that, he served from 1997 to 2001 as associate deputy attorney general and from 1994 to 1997 served as senior counsel to the director of the Executive Office for United States Attorneys, which provides executive and administrative support for 93 U.S. attorneys located throughout the country.
His LinkedIn page shows he served from January-June 1993 as deputy director of the Office of Presidential Personnel during the administration of President Bill Clinton, in which he was part of the White House staff. And it shows he began his career as legal editor of the Bureau of National Affairs, which published news reports on legal issues, from 1983-1993.
The Capital Pride Alliance statement describes Delia as āan avid runner who served as the coordinator of the D.C. Front Runners and Stonewall Kickball LGBTQ sports groups.”
āHe understood the value, purpose, and the urgency of the LGBTQ+ community to work together and support one another,ā the statement says. āHe poured his soul into our journey toward World Pride, which was a goal of his from the start of his involvement with Capital Pride.ā
The statement adds, āBernie will continue to guide us forward to ensure we meet this important milestone as we gather with the world to be visible, heard, and authentic. We love you, Bernie!ā
In a statement posted on social media, D.C. Mayor Muriel Bowser said she and her administration were āheartbrokenā over the news of Deliaās passing.
āBernie leaves behind an incredible legacy in our city and country ā through his life and advocacy, he helped pave a path for LGBTQIA+ residents in our city and within the federal government to live and work openly and proudly,ā the mayor says in her statement.
āHe helped transform Capital Pride into one of the largest and most inclusive Pride celebrations in the nation ā a true reflection and representation of our people and values,ā the statement says. āThis is the D.C. that Bernie helped build and that he leaves behind.ā
“All of the hopes and dreams that we had about what Pride could be and what CPA could do, are things that Bernie actualized over the last many years and in his work for next year,ā said Vincent Slatt, Rainbow History Projectās director of archiving in a statement. āHe wasn’t the first one to say it, but he always reminded everyone: āwe make each Pride special because, for someone, it is their first Pride, and they’ll remember it always.ā Bernie lived that ideal each and every year. WorldPride 2025 will be a testament to his efforts and his legacy will live on ā it will be someone’s first Pride. We’ll try to make Bernie proud of us.ā
Deliaās oral history interview is part of the Rainbow History Project Archives. You can access it at rainbowhistory.org.
Ashley Smith, the Capital Pride Alliance president, said he and other Capital Pride officials became concerned when Delia did not respond to their routine calls or messages. Smith said he called D.C. police to arrange for a welfare check on Delia at his house in Northwest D.C. on Friday, June 21. He said police accompanied him to Deliaās house and police entered the house and found Delia unconscious.
Smith said an ambulance was called and attempts to resuscitate Delia were unsuccessful. Smith said a definitive cause of death had not been determined other than it was due to natural causes. āHe had a heart attack last year, so he had been recovering from that, but he seemed to have been doing in fairly good order,āĀ Smith told the Blade.
Smith said the emergency medical technicians who arrived at the scene and who declared Delia deceased said, āit looked like it probably had to do with the previous heart condition that he already had, and that itās more than likely what it came from,ā Smith said in referring to Deliaās passing. “He died peacefully at home,” Smith added.
Smith and Dignity Washington spokesperson Jake Hudson said Deliaās two sisters, one from Baltimore and the other from Charlotte, N.C., were in D.C. working on funeral arrangements. Smith and Hudson said Capital Pride and Dignity planned to consult with the two sisters on plans for a possible Catholic mass in Deliaās honor as well as a celebration of life that Smith said would take place in D.C. in August or September.
Capital Pride was also working with the sisters to create a memorial fund in Deliaās honor that would raise money for the causes and programs that Delia supported over the course of his many years as an activist. āItās still being formulated,ā Smith said. āThat will be forthcoming when we get ready to do the celebration of life ceremony and everything else,ā he said.
According to Smith, the sisters, in consultation with Joseph Gawlerās and Sons funeral home in Northwest D.C,Ā were making arrangements for a cremation rather than a burial.
District of Columbia
D.C. Council budget bill includes $8.5 million in LGBTQ provisions
Measure also changes Mayorās Office of LGBTQ Affairs
![](https://www.washingtonblade.com/content/files/2024/06/20240608_Muriel_Bowser_at_Capital_Pride_Parade_insert_c_Washington_Blade_by_Michael_Key.jpg)
The D.C. Council on June 12 gave final approval for a $21 billion fiscal year 2025 budget for the District of Columbia that includes more than $8.5 million in funding for LGBTQ-related programs, including $5.25 million in support of the June 2025 World Pride celebration that D.C. will be hosting.
Also included in the budget is $1.7 million in funds for the Mayorās Office of LGBTQ Affairs, which includes an increase of $132,000 over the officeās funding for the current fiscal year, and a one-time funding of $1 million for the completion of the renovation of the D.C. Center for the LGBTQ Communityās new building in the cityās Shaw neighborhood.
The D.C. LGBTQ+ Budget Coalition earlier this year asked both the D.C. Council and Mayor Muriel Bowser to approve $1.5 million for the D.C. Centerās building renovation and an additional $300,000 in ārecurringā funding for the LGBTQ Center in subsequent years āto support ongoing operational costs and programmatic initiatives.ā In its final budget measure, the Council approved $1 million for the renovation work and did not approve the proposed $600,000 in annual operational funding for the center.
The mayorās budget proposal, which called for the $5.25 million in funding for World Pride 2025, did not include funding for the D.C. LGBTQ Center or for several other funding requests by the LGBTQ+ Budget Coalition.
At the request of D.C. Council member Zachary Parker (D-Ward 5), the Councilās only gay member, the Council approved at least two other funding requests by the LGBTQ+ Budget Coalition in addition to the funding for the LGBTQ Center. One is $595,000 for 20 additional dedicated housing vouchers for LGBTQ residents who face housing insecurity or homelessness. The LGBTQ housing vouchers are administered by the Office of LGBTQ Affairs.
The other funding allocation pushed by Parker is $250,000 in funds to support a Black LGBTQ+ History Commission and Black LGBTQIA+ history program that Parker proposed that will also be administered by the LGBTQ Affairs office.
Also at Parkerās request, the Council included in its budget bill a proposal by Parker to change the Mayorās Office of LGBTQ Affairs to become a āstand-alone entityā outside the Executive Office of the Mayor. Parker told the Washington Blade this change would āallow for greater transparency and accountability that reflects its evolution over the years.ā
He said the change would also give the person serving as the officeās director, who is currently LGBTQ rights advocate Japer Bowles, āgreater flexibility to advocate for the interest of LGBTQ residentsā and give the Council greater oversight of the office. Parker noted that other community constituent offices under the mayorās office, including the Office of Latino Affairs and the Office of Veterans Affairs, are stand-alone offices.
The budget bill includes another LGBTQ funding provision introduced by D.C. Council member Charles Allen (D-Ward 6) that allocates $100,000 in grants to support LGBTQ supportive businesses in Ward 6 that would be awarded and administered by the Office of LGBTQ Affairs. Allen spokesperson Eric Salmi said Allen had in mind two potential businesses on 8th Street, S.E. in the Barracks Row section of Capitol Hill as potential applicants for the grants.
One is the LGBTQ cafĆ© and bar As You Are, which had to close temporarily earlier this year due to structural problems in the building it rents. The other potential applicant, Salmi said, is Little District Books, D.C.ās only LGBTQ bookstore thatās located on 8th Street across the street from the U.S. Marine Barracks.
āItās kind of recognizing Barrackās Row has a long history of creating spaces that are intended for and safe for the LGBTQ community and wanting to continue that history,ā Salmi said āSo, that was his kind of intent behind the language in that funding.ā
The mayorās budget proposal also called for continuing an annual funding of $600,000 to provide workforce development services for transgender and gender non-conforming city residents experiencing homelessness and housing instability.
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