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Prosecutors dismiss case against suspect in 2017 murder of D.C. trans man

Distraught mother of victim is told lead witness went missing

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Akihs Gaius Green was shot to death in 2017.

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.

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District of Columbia

D.C. Council urged to improve ‘weakened’ PrEP insurance bill

AIDS group calls for changes before full vote on Feb. 3

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HIV + HEP Policy Institute Executive Director Carl Schmid. (Photo courtesy of Schmid)

The D.C.-based HIV + Hepatitis Policy Institute is calling on the D.C. Council to reverse what it says was the “unfortunate” action by a Council committee to weaken a bill aimed at requiring health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

HIV + HEP Policy Institute Executive Director Carl Schmid points out in a Jan. 30 email message to all 13 D.C. Council members that the Council’s Committee on Health on Dec. 8, 2025, voted to change the PrEP DC Act of 2025, Bill 26-0159, to require insurers to fully cover only one PrEP drug regimen.

Schmid noted the bill as originally written and introduced Feb. 28, 2025, by Council member Zachary Parker (D-Ward 5), the Council’s only gay member, required insurers to cover all PrEP drugs, including the newest PrEP medication taken by injection once every six months. 

Schmid’s message to the Council members was sent on Friday, Jan. 30, just days before the Council was scheduled to vote on the bill on Feb. 3. He contacted the Washington Blade about his concerns about the bill as changed by committee that same day.

 Spokespersons for Parker and the Committee on Health and its chairperson, Council member Christina Henderson (I-At-Large) didn’t immediately respond to the Blade’s request for comment on the issue, saying they were looking into the matter and would try to provide a response on Monday, Jan. 2.

 In his message to Council members, Schmid also noted that he and other AIDS advocacy groups strongly supported the committee’s decision to incorporate into the bill a separate measure introduced by Council member Brooke Pinto (D-Ward 2) that would prohibit insurers, including life insurance companies, from denying coverage to people who are on PrEP.

“We appreciate the Committee’s revisions to the bill that incorporates Bill 26-0101, which prohibits discrimination by insurance carriers based on PrEP use,” Schmid said in his statement to all Council members.

 “However, the revised PrEP coverage provision would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes,” Schmid added.

He told the Washington Blade that although these protections are currently provided through coverage standards recommended in the U.S. Affordable Care Act, AIDS advocacy organizations have called for D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.

“The District of Columbia has always been a leader in the fight against HIV,” Schmid said in a statement to Council members. But in a separate statement he sent to the Blade, Schmid said the positive version of the bill as introduced by Parker and the committee’s incorporation of the Pinto bill were in stark contrast to the “bad side  — the bill would only require insurers to cover one PrEP drug.” 

He added, “That is far worse than current federal requirements. Obviously, the insurers got to them.”

  The Committee on Health’s official report on the bill summarizes testimony in support of the bill by health-related organizations, including Whitman-Walker Health, and two D.C. government officials before the committee at an Oct. 30, 2025, public hearing.

 Among them were Clover Barnes, Senior Deputy Director of the D.C. HIV/AIDS, Hepatitis, STD, and TB Administration, and Philip Barlow, Associate Commissioner for the D.C. Department of Insurance, Securities, and Banking.

Although both Barnes and Barlow expressed overall support for the bill, Barlow suggested several changes, one of which could be related to the committee’s change of the bill described by Schmid, according to the committee report.  

“First, he recommended changing the language that required PrEP and PEP coverage by insurers to instead require that insurers who already cover PrEP and PEP do not impose cost sharing or coverage more restrictive than other treatments,” the committee report states. “He pointed out that D.C. insurers already cover PrEP and PEP as preventive services, and this language would avoid unintended costs for the District,” the report adds.

PEP refers to Post-Exposure Prophylaxis medication, while PrEP stands for Pre-Exposure Prophylaxis medication.

 In response to a request from the Blade for comment, Daniel Gleick, Mayor Muriel Bowser’s press secretary, said he would inquire about the issue in the mayor’s office.

Naseema Shafi, Whitman-Walker Health’s CEO, meanwhile, in response to a request by the Blade for comment, released a statement sharing Schmid’s concerns about the current version of the PrEP DC Act of 2025, which the Committee on Health renamed as the PrEP DC Amendment Act of 2025.

 “Whitman-Walker Health believes that all residents of the District of Columbia should have access to whatever PrEP method is best for them based on their conversations with their providers,” Shafi said. “We would not want to see limitations on what insurers would cover,” she added. “Those kinds of limitations lead to significantly reduced access and will be a major step backwards, not to mention undermining the critical progress that the Affordable Care Act enabled for HIV prevention,” she said.     

 The Blade will update this story as soon as additional information is obtained from the D.C. Council members involved with the bill, especially Parker. The Blade will report on whether the full Council makes the changes to the bill requested by Schmid and others before it votes on whether to approve it at its Feb. 3 legislative session. 

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District of Columbia

Eleanor Holmes Norton ends 2026 reelection campaign

Longtime LGBTQ rights supporter introduced, backed LGBTQ-supportive legislation

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Congresswoman Eleanor Holmes Norton (D-D.C.) in 2023. (Washington Blade photo by Michael Key)

The reelection campaign for D.C. Congressional Delegate Eleanor Holmes Norton, who has been an outspoken supporter of LGBTQ rights since first taking office in 1991, filed a termination report on Jan. 25 with the Federal Elections Commission, indicating she will not run for a 19th term in the U.S. House of Representatives.

Norton’s decision not to run again, which was first reported by the online news publication NOTUS, comes at a time when many of her longtime supporters questioned her ability to continue in office at the age of 88.

NOTUS cited local political observers who pointed out that Norton has in the past year or two curtailed public appearances and, according to critics, has not taken sufficient action to oppose efforts by the Trump-Vance administration and Republican members of Congress to curtail D.C.’s limited home rule government.  

Those same critics, however, have praised Norton for her 35-year tenure as the city’s non-voting delegate in the House and as a champion for a wide range of issues of interest to D.C. LGBTQ rights advocates have also praised her longstanding support for LGBTQ rights issues both locally and nationally.

D.C. gay Democratic Party activist Cartwright Moore, who has worked on Norton’s congressional staff from the time she first took office in 1991 until his retirement in 2021, points out that Norton’s role as a staunch LGBTQ ally dates back to the 1970s when she served as head of the New York City Commission on Human Rights.  

“The congresswoman is a great person,” Moore told the Washington Blade in recounting his 30 years working on her staff, most recently as senior case worker dealing with local constituent issues.

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity.  

She has introduced multiple LGBTQ supportive bills, including her most recent bill introduced in June 2025, the District of Columbia Local Juror Non-Discrimination Act, which would ban D.C. residents from being disqualified from jury service in D.C. Superior Court based on their sexual orientation or gender identity.

For many years, Norton has marched in the city’s annual Pride parade.

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Congresswoman Eleanor Holmes Norton (D-D.C.) participates in the city’s 2019 Capital Pride Parade. (Washington Blade photo by Drew Brown)

Her decision not to run for another term in office also comes at a time when, for the first time in many years, several prominent candidates emerged to run against her in the June 2026 D.C. Democratic primary. Among them are D.C. Council members Robert White (D-At-Large) and Brooke Pinto (D-Ward 2).

Others who have announced their candidacy for Norton’s seat include Jacque Patterson, president of the D.C. State Board of Education; Kinney Zalesne, a local Democratic party activist; and Trent Holbrook, who until recently served as Norton’s senior legislative counsel.

“For more than three decades, Congresswoman Norton has been Washington, D.C.’s steadfast warrior on Capitol Hill, a relentless advocate for our city’s right to self-determination, full democracy, and statehood,” said Oye Owolewa, the city’s elected U.S. shadow representative in a statement. “At every pivotal moment, she has stood firm on behalf of D.C. residents, never wavering in her pursuit of justice, equity, and meaningful representation for a city too often denied its rightful voice,” he said.

A spokesperson for Norton’s soon-to-close re-election campaign couldn’t immediately be reached for a comment by Norton on her decision not to seek another term in office. 

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Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit

MPD accused of illegally demoting officer for taking family leave to care for newborn child

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D.C. Police Captain Paul Hrebenak (right) embraces his husband, James Frasere, and the couple's son. (Photo courtesy of Hrebenak)

A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.

The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.  

It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.

In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.

Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.

“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”  

Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.

In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.

Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.

In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.

“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.

“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”

Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.

The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.

Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.

“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.

 In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”

One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.

Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.

“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflict involuntary transfers on MPD personnel as retaliation for doing or saying something  in which leadership disapproved,” Lempert says in his court filing submitting the two reports.

“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.  

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