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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 GreenĀ 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.

 ā€œThey were just saying they couldn’t find the witness,ā€ McNeal told the Blade. ā€œAnd 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.ā€

Added McNeal, ā€œI was hollering and crying and screaming for hours and made myself sickā€ 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. 

ā€œHe’s a hater,ā€ she said. ā€œHe’s a hater of homosexual women. He’s homophobic and transgender phobic.ā€

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.

ā€œBecause 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,ā€ she told the Blade. ā€œBut 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,ā€ 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.

ā€œWhen questioned right after the murder, she said she had no memory of the events,ā€ Stein points out. ā€œWhen 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,ā€ she said. ā€œWithout that witness, the prosecution cannot possibly prove its case.ā€

Stein also points to court records showing the defense raised in a motion to ā€œSuppress Tangible Evidence and Statementsā€ 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.

ā€œIf those facts are correct, then nothing he said could be introduced at trial,ā€ 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. police seek help in identifying suspect in anti-gay threats case

Victim threatened with assault, called ā€˜faggot’ as he left Capitals game

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D.C. police are seeking help from the public in identifying a male suspect whose image was captured by a video surveillance camera.

D.C. police are seeking help from the public in identifying a male suspect whose image was captured by a video surveillance camera after he allegedly shouted anti-gay slurs and threatened to assault a man at 6th and H Streets, N.W. on March 20 at about 9:54 p.m.

A police report says the victim told police the incident took place shortly after he exited the nearby Capital One Arena where he had attended a Washington Capitals hockey game.

The police report says the incident began when the victim saw the suspect yell a racist slur at a person behind the victim and started to berate a valet operator.

ā€œSuspect 1 then turned his attention to Victim 1 and called him a ā€˜faggot’ among other homophobic slurs,ā€ the report says. It says the victim then used his phone to record the suspect, prompting the suspect to walk away before returning and ā€œsnatchingā€ the phone from the victim’s hand.

ā€œSuspect 1 walked several feet as Victim 1 followed, requesting his phone back,ā€ the report continues. ā€œSuspect 1 stopped and turned to Victim 1 and while yelling other obscenities exclaimed ā€˜if you keep recording, I’m going to kick your ass.ā€™ā€ The report concludes by saying the victim was able to recover his phone.

It lists the incident as a ā€œThreats To Do Bodily Harmā€ offense that is a suspected hate crime.

ā€œAnyone who can identify this suspect or has knowledge of this incident should take no action but call police at 202-727-9099, or text your tip to the Department’s TEXT TIP LINE at 50411,ā€ according to a separate police statement released April 23.

The statement says police currently offer an award of up to $1,000 to anyone who can provide information that leads to an arrest and indictment of the person or persons responsible for a crime committed in D.C.

D.C. police spokesperson Tom Lynch said the case has been under investigation since the incident occurred on March 20. He said the video image of the suspect, most likely obtained from a security camera from a nearby business, was released to the public as soon as it was obtained and processed through the investigation.

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District of Columbia

Wanda Alston Foundation names new executive director

Longtime LGBTQ rights advocate Cesar Toledo to succeed June Crenshaw

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Cesar Toledo is the new executive director of the Wanda Alston Foundation. (Photo courtesy of the Wanda Alston Foundation)

The Wanda Alston Foundation, the D.C.-based organization that has provided housing and support services for homeless LGBTQ youth since its founding in 2008, announced it has appointed longtime LGBTQ rights advocate Cesar Toledo as its new executive director.

In an April 22 statement, the organization said that as part of a planned leadership transition launched in November 2024, Toledo will succeed June Crenshaw, who Alston Foundation officials and LGBTQ community activists say has led the organization with distinction in her role as executive director for the past nine years.

In a statement released last November, the foundation announced Crenshaw was stepping down from her role as executive director after deciding to ā€œto step into her next chapter.ā€

ā€œJune’s leadership has been truly transformative,ā€ said Alston Foundation Board Chair Darrin Glymph in the group’s April 22 statement. ā€œWe are immensely grateful for her dedication and equally excited for the energy and experience that Cesar brings to lead us into this next chapter,ā€ Glymph said. 

ā€œA seasoned LGBTQ+ advocate, Cesar brings over a decade of experience leading national campaigns, shaping public policy, and building inclusive communities,ā€ the statement released by the group says. ā€œMost recently, he served as the National LGBTQ+ Engagement Director for the Harris for President Campaign and has built a career focused on advancing equality and equitable education,ā€ it says.

Biographical information about Toledo shows that immediately prior to working for the Harris For President Campaign, he served since April 2023 as deputy director for Democrats for Education Reform DC (DFER DC),  a political group that helps to elect candidates for public office committed to quality education for all students, including minorities, people of color and LGBTQ youth. 

Before joining DFER DC, Toledo served as political director for the LGBTQ+ Victory Fund, where he assisted in electing out LGBTQ candidates to all levels of public office across the U.S.

ā€œI’m really excited about joining the Wanda Alston Foundation,ā€ Toledo told the Washington Blade. ā€œAfter a decade of working at the intersection of politics and policy and advancing political candidates and equitable education here in D.C., I wanted to shift my career to direct services to the most vulnerable folks in the LGBTQ+ family and our homeless youth,ā€ he said.

Among other things, he said he would push for increasing the Alston Foundation’s visibility and mainlining its services for LGBTQ youth at a time when the national political climate has become less supportive.

A statement on its website says the Alston Foundation was founded in 2008 ā€œin memory of Wanda Alston, a fierce LGBTQ+ activist, national advocate, and government official who was admired by District residents.ā€

The statement adds, ā€œThe foundation opened the first housing program in the nation’s capital in 2008 providing pre-independent transitional living and life-saving support services to LGBTQ+ youth.ā€

In a separate statement, the Alston Foundation announced it would hold a ā€œthank youā€ celebration of appreciation for June Crenshaw from 6-8 p.m. on May 20 at Crush Dance Bar located at 2007 14th Street, N.W. in D.C.

ā€œLet’s come together to celebrate her dedication and commitment for everything she has done for the LGBTQIA homeless youth population,ā€ the statement says.

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District of Columbia

New DC LGBTQ Center to celebrate grand opening

Permanent location in Shaw debuts with Saturday celebration

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"The DC LGBT Center moved out of its longtime home in the Reeves building." (Washington Blade file photo by Lou Chibbaro, Jr.)

After more than 20 months of demolition, construction, and development, Washington finally has a brand new LGBTQ Center. On Saturday, April 26, the doors will officially open at the DC LGBTQ Center for the first time following the groundbreaking in June 2023. 

The new DC LGBTQ Center, located one block from the Shaw Metro station, aims to educate, empower, uplift and celebrate Washington’s LGBTQ community. Spanning 6,671 square feet of intentionally designed space, the center will offer a wide range of resources for LGBTQ individuals in need – including mental health services, job readiness programs, cultural events and community support groups, all under one roof.

The space, located in The Adora building at 1828 Wiltberger St, N.W., has a food pantry, STD and HIV testing space, therapy room, boutique with a clothing closet, an ADA-accessible shower, a mailroom to help those without an address receive mail, and a large kitchen.

The new DC LGBTQ Center will also house office space for nine local LGBTQ organizations. Groups like SMYAL, which supports and uplifts LGBTQ youth, and the Wanda Alston Foundation, which provides transitional housing and support services for homeless or at-risk LGBTQ youth, are central to the center’s mission: to educate, empower, uplift, celebrate, elevate and connect Washington’s LGBTQ community. The center will also become the new home of the Capital Pride Alliance, the organization behind Capital Pride and this year’s WorldPride celebration.

The Reeves Center, the former home of the DC LGBTQ Center, is slated for redevelopment. Located at 14th and U streets, N.W., the building is expected to become a mixed-use hub featuring the NAACP’s national headquarters, a hotel, restaurant, comedy club, housing and more.

On Saturday, the new DC LGBTQ Center will celebrate its grand opening with a full day of events designed to showcase the space’s potential and mark its long-awaited return. The ā€œFriends & Family Dayā€ celebration begins with a brunch at 10 a.m., followed by an open house featuring tours, team introductions, and a look at how the center came to life. The day concludes with a ā€œHoney, I’m Homeā€ cocktail celebration at 5 p.m.

Some events are open to the public, while others, such as the brunch, require an RSVP. To RSVP, visit this link or email [email protected] with any questions.

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