District of Columbia
Prosecutors dismiss case against suspect in 2017 murder of D.C. trans man
Distraught mother of victim is told lead witness went missing
At the request of prosecutors with the Office of the U.S. Attorney, a D.C. Superior Court judge on Aug. 17 dismissed a charge of first-degree murder and two gun related charges against a D.C. man arrested for the 2017 shooting death of a transgender man in a Southeast D.C. apartment where police say both men were living.
Court records show Akihs Gaius Green, 42, was found shot in the head execution style on March 1, 2017, in an apartment where he and the man charged with shooting him, Jordan Smith, 36, and Smith’s girlfriend, had been living at 212 Wayne Place, S.E.
Green died from the gunshot wound more than four months later on July 21, 2017, court records show. Charging documents show that D.C. police initially charged Smith with second-degree murder on Nov. 9, 2017, following an investigation into the incident.
At the request of prosecutors, a grand jury on June 11, 2018, indicted Smith on charges of First-Degree Murder While Armed, Possession of a Firearm During a Crime of Violence, and Unlawful Possession of a Firearm (Prior Conviction). Court records show Smith had a prior conviction of illegal possession of a gun.
A spokesperson for the U.S. Attorney’s office did not respond to a request by the Washington Blade for an explanation of why its prosecutors decided to dismiss the case. The office has a longstanding policy of not publicly disclosing its reasons for dismissing cases or not prosecuting cases.
Green’s mother, Vickie McNeal, told the Blade prosecutors in the case informed her last week that the lead prosecution witness in the case could not be found and they did not believe they could obtain a conviction at Smith’s trial, which was scheduled to begin on Sept. 12.
An affidavit in support of Smith’s arrest says the lead witness, identified only as Witness 2, was believed to have been Smith’s girlfriend. The affidavit says Smith and Green reportedly had been staying at her apartment at the time of the shooting.
McNeal said she believes Green, who was a friend of Witness 2, was visiting the apartment on the night of the shooting but was not living there.
The arrest affidavit says Witness 2 told police she saw Smith pull out a gun after he got into an argument with Green and she heard three shots fired, but she didn’t see who fired the gun. Another witness, according to the arrest affidavit, told police Witness 2 told that witness that she saw Smith shoot Green.
But Witness 2 denied she said that and has insisted she did not witness the shooting, the affidavit states. The affidavit also states that Witness 2 told police she was high on PCP at the time of the incident and her memory of what happened was unclear.
McNeal said prosecutors called her and visited her home to inform her of the decision to dismiss the case. She said their visit and phone call came after they informed her in June that the case was moving forward, and they were ready for the upcoming trial.
Among those who called and came to her home to tell her the case was dropped, McNeal said, were Assistant U.S. Attorneys Marybeth Manfeda and David Gorman, and witness-victim specialist Jennifer Clark.
“They were just saying they couldn’t find the witness,” McNeal told the Blade. “And I said the United States can find anybody they want to find. So, you can’t tell me they can’t find her. Because I say nothing has been done.”
Added McNeal, “I was hollering and crying and screaming for hours and made myself sick” shortly after being informed the case against the man she believes murdered her transgender child had been dropped.
The arrest affidavit says Smith told detectives who questioned him that his girlfriend and Green had been in a relationship at one time, but his girlfriend told him they were just friends at the time of the shooting. That raised speculation that Smith’s motive for the shooting could have been jealousy over his girlfriend having a relationship with Green.
But McNeal said she is convinced the motive for the murder was Smith’s anti-gay and anti-trans bias.
“He’s a hater,” she said. “He’s a hater of homosexual women. He’s homophobic and transgender phobic.”
Veteran D.C. defense attorney Cheryl Stein, at the Blade’s request, reviewed some of the court records for the case against Smith before it was dismissed on Aug. 17.
“Because I do not have access to most of the relevant pleadings in the case, I cannot give a definitive explanation of why the government dismissed the case,” she told the Blade. “But based on the documents that I have reviewed, it is clear to me that the prosecution determined that it simply didn’t have enough evidence to prove guilt beyond a reasonable doubt,” she said.
Stein noted that the defense raised serious questions about the credibility of the lead witness in the case, Witness 2, by citing her statements to police that she was on PCP at the time of the incident.
“When questioned right after the murder, she said she had no memory of the events,” Stein points out. “When a witness is so altered by drugs or alcohol that it affects their ability to accurately perceive and/or remember what they witnessed, they are disqualified from testifying,” she said. “Without that witness, the prosecution cannot possibly prove its case.”
Stein also points to court records showing the defense raised in a motion to “Suppress Tangible Evidence and Statements” that police allegedly violated Smith’s Miranda rights to remain silent when police took him into custody and obtained statements from him that could be incriminating.
“If those facts are correct, then nothing he said could be introduced at trial,” Stein said.
McNeal said her trans son, who went by the nickname Pinky, was a loving member of his family and was studying to be a medical technician. She said he had an associate degree from Prince George’s Community College and was attending the University of the District of Columbia at the time of his death.
District of Columbia
Blade welcomes fall intern
Alexis McLean is student at University of North Florida
The Washington Blade this week welcomed Alexis McLean as its fall intern.
Alexis is studying political science at the University of North Florida in Jacksonville, Fla. She is interning with the Blade as part of a continued partnership with the Washington Center.
“I am looking forward to spending my time in the fall with the Washington Blade, as this is a new experience for me,” said Alexis. “I have not experienced any journalist jobs in the past so this would be my first time, and I am excited to better my writing and communications skills with this internship.”
Alexis’s internship with the Blade ends in early December.
District of Columbia
‘People don’t see me. They see a trend’
New popularity of all things Asian warps view of multiple cultures
As I was growing up, my parents often shared stories about how they were bullied when they were my age, just for being Asian. My mom is Cambodian and my dad is “Wasian,” Chinese and white. Students teased them for their looks, their homemade lunches, and treated their traditional holidays as jokes.
I once asked my mom when I was little if she could pack me dumpling leftovers for lunch. “Yes,” she said with a surprised look, adding, “I would have never wanted to bring dumplings to school when I was your age because I would always get bullied for them. I’m glad times have changed.”
At the time, I was confused. Whenever I brought a homemade Asian dish to school for lunch, I was happy to hear intriguing and curious questions from the other kids. It felt good to have my meal be popular and different from the Lunchables everyone else had.
Though times have changed, racism still continues. It just has a new face. Today, social media pretends to flatter our cultures in an insincere way trying to gain popularity just for clicks. Think anything from K-pop to Japan’s surge in international tourism. Even Starbucks has added drinks with the flavor of ube yam, native to the Philippines, onto its menu.
I feel that now when people see me, they don’t see me, they see a trend.
For years, Asian people have been portrayed as foreign or exotic. The new embrace of foods and fashion at first felt good. Asians have never been represented as much as they’ve deserved.
But this new popularity warps what non-Asians see. Instead of the blunt and direct racism my parents faced, everything now is a gray area, more discreetly hidden behind some TikTok video. It actually normalizes racism and stereotypes.
Whitewashing my culture
As a 15-year-old Asian American who lives in D.C., I’ve always been one of the few Asian kids in school; my high school today counts less than 2 percent of students as being of Asian descent. I remember always being called “that one Asian girl” or some slur a kid learned from their parents. Every time I search for something related to Asian culture, such as a recipe or maybe a holiday, it’s always the same thing: some white person whitewashing my culture.
Social media is the main culprit, of course. I realized this when I entered high school and got a phone and was introduced to the internet. That is when I realized how messed up the new stereotypes around Asians are.
One pattern I started to notice was people wanting to be Asian just because it was popular. It was hurtful, patronizing, and annoying. They made assumptions about our race and then only found us “cool” because we were trending. How can people go from hating us or finding us weird, to then only liking us because we’re popular?
There was a trend going around on TikTok called “race change to another” or RCTA. It is this trend of people manifesting certain physical traits to change their appearance in order to change races. According to journalist Emi Tran, writing then as an intern for NBC Digital, the trend started when a white woman wanted to be Japanese. The woman began posting TikTok videos of herself wishing for different features such as monolids. Tran wrote in that 2023 article that “the overwhelming majority of the RCTA community wants to be East Asian.”
People also look up to K-pop culture, idolizing the pop groups pulled together by big entertainment companies. Most people expect all Koreans to be K-pop fans. Korean friends are asked about K-pop all the time even though they are not into the South Korean music genre.
Although I am not South Korean — I am half Cambodian and Chinese — I still get asked, almost like I’m expected, “You’re really into this group, right?” or “Can you tell me how to pronounce this member’s name?”
I was asked even worse questions during COVID-19. Suddenly, discrimination and violence were increasing specifically toward Asians everywhere. Suddenly, almost everyone was blaming Chinese people for spreading and causing COVID-19.
I remember going to school for one of the last times before quarantine had started and hearing kids whisper, “Oh, she’s going to give us the Coronavirus.” President Donald Trump had publicly posted his opinions about the situation on social media, blaming China for the pandemic, even calling it the “Chinese Virus” or the “Wuhan Virus.” According to NPR, anti-Asian hate crimes in U.S. cities surged 149 percent that year.

The topic of Asians in the media has always been complicated. One moment people can hate us for being weird and different and the next we’re suddenly popular and cool for the same reasons.
I feel conflicted on whether I should feel happy that we’re being represented or angry that it’s all for the wrong reason and has the wrong effects.
Lily Brugman is a sophomore at Benjamin Banneker Academic High School, one of Youthcast Media Group’s journalism class partners. She worked with YMG volunteer and Professor Emerita in journalism at American University Amy Eisman on this piece.
District of Columbia
Gay men linked to 2006 Wone murder failing to make lawsuit settlement payment
Stabbing death of D.C. attorney in house near Dupont Circle startled community
The wife of D.C. attorney Robert Wone, who was found stabbed to death on Aug. 2, 2006, in the Dupont Circle area home of three gay men, has filed a complaint in court accusing two of the men of failing to make the payments they promised to make to settle a $20 million wrongful death lawsuit the wife filed against them in 2008.
The court filings in D.C. Superior Court in May of this year by Katherine Wone provide new details of the lawsuit settlement related to a 20-year-old murder case that observers have compared to a murder mystery novel involving three gay men and the fatal stabbing of their friend whose wife insists was straight.
Court records and D.C. police reports show that Robert Wone was said to have arrived at the townhouse of his long-time college friend Joe Price after spending all day and part of the night working late at his downtown office at Radio Free Asia.
Price, a gay rights attorney at that time associated with the LGBTQ group Equality Virginia, and his partner Victor Zaborsky and their housemate Dylan Ward – who were also friends of Wone – said later that they invited Wone to spend the night in their guest bedroom so he wouldn’t have to drive home to Oakton, Va., where he and his wife lived, before having to return to work in D.C. the next morning.
Court records show that later that night D.C. police responded to a 911 emergency call made by Zaborsky to the gay men’s house at 1509 Swann Street, N.W. and found Wone stabbed to death on what appeared to be a neatly arranged bed.
The three men told police they were certain an intruder entered the house and stabbed Wone while they were asleep in their bedrooms. But homicide detectives reported that the crime scene appeared to have been cleaned up and possible evidence tampered with.
After the investigation dragged on for more than two years, prosecutors obtained an indictment against the three men on charges of obstruction of justice, conspiracy to obstruct justice, and evidence tampering in connection with the Wone murder. No murder-related charges were brought, prompting legal observers to conclude that authorities didn’t have sufficient evidence to charge the men with murder.
But a detailed arrest affidavit filed and released at the time the charges were brought against the three gay men startled those who knew them and created a sensation in the surrounding community, especially the LGBTQ community.
Among other things, it said autopsy findings and physical evidence indicated that Wone had been restrained or immobilized by a paralytic drug before being stabbed. It said three stab wounds on Wone’s chest and abdomen were surgical in nature, with no indication that Wone moved or tried to defend himself while being stabbed.
In addition, the affidavit said the autopsy found needle marks on Wone’s body that were not made by emergency medical technicians that arrived on the scene and examined Wone.
At the advice of their attorneys, the three men chose to wave their right to a jury trial and requested that Superior Court Judge Lynn Leibovitz preside over the trial and render the verdict. Following testimony by expert witnesses on both sides, after the men chose not to testify, and dramatic closing arguments by prosecutors and the defense attorneys, the judge found the men not guilty on all three charges.
In a lengthy written verdict, she read from the bench, Leibovitz said while she believed there was significant evidence implicating the defendants, there continued to be reasonable doubt on all charges against them. However, she said she did find that prosecutors established beyond probable cause that Wone was not murdered by an intruder who entered the house while the three men were asleep.
“Nevertheless, after lengthy analysis of the evidence, I conclude that the government has failed to prove beyond a reasonable doubt the essential elements of obstruction of justice or evidence tampering,” Leibovitz said in delivering her verdict.
While greatly relieved by the not guilty verdict, Price, Zaborsky, and Ward were still facing a $20 million wrongful death lawsuit that Katherine Wone filed against them prior to their criminal trial. As the two sides prepared for a civil trial the defense team announced the three gay men would invoke their Fifth Amendment constitutional right to refuse to testify at the civil trial on grounds that their testimony could lead to self-incrimination.
Possibly because of that or other reasons, Katherine Wone announced that she and the three men had reached an out of court monetary settlement of the lawsuit, the terms of which would not be publicly disclosed.
In her recent court filings in May on behalf of the Estate of Robert Wone, which were filed against Price and Zaborsky but not against Ward, Katherine Wone charges the two men with failing to pay thousands of dollars as part of the settlement agreement. Separate complaints she filed against them disclose for the first time that Price had agreed to an $80,000 settlement amount in 2011 to be paid through monthly installments over the next 20 years.
The non-payment complaint filed against Zaborsky by Wone states that he had agreed to a settlement in 2011 of $66,000 also to be paid over 20 years in 240 monthly payments.
Although the initially filed $20 million lawsuit also named Dylan Ward as a defendant, court records do not show any complaint filing against Ward for nonpayment, leading some observers to speculate that Ward may have already paid the full sum of whatever amount Wone’s lawsuit sought from him.
The Washington Post has reported that court filings show that as of May 29 of this year, Price owed $56,893.75 and Zaborsky owed $31,753.75 in missed payments and bounced checks plus fees and interest.
The two complaints filed by Wone against the two men also state that the settlement agreement they signed allows the Wone estate to call for the “immediate” payment of the entire amount they agreed to pay if they default on their monthly payments.
Court records show that a “remote scheduling conference” before a debt collection judge was scheduled to take place in D.C. Superior Court on Sept. 22.
Price, Zaborsky, and Ward have declined to respond to press inquiries including inquiries from the Washington Blade regarding the criminal trial and lawsuit. The non-payment complaints filed by Katherine Wone show that Price’s current residence is in Ft. Lauderdale, Fla. and Zaborsky now resides in Tamarac, Fla.
News of the latest complaints filed against Price and Zaborsky for nonpayment of the lawsuit settlement payments was first reported on Aug. 2 by the website called Who Murdered Robert Wone, which was created by four gay men shortly after Wone’s 2006 murder.
“We’re left to wonder if the threesome, or whoever remains of it now, will ever come clean on what they know and may have done,” Craig Brownstein, one of the men who created the website stated in the Aug. 2 posting. “The optimists will hope for a confession of some sort, an explanation, the pessimists are convinced they’ll take their secrets to the grave,” Brownstein wrote. “Time will tell.”
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