DC Bill to Ban LGBTQ Panic Defense Delayed by Capitol Security
DC man arrested in August 2020 for allegedly threatening to kill a gay man outside the victim’s apartment in the city’s Adams Morgan neighborhood and who was released pending trial was re-arrested two weeks ago for allegedly threatening to kill another man in an unrelated incident.
DC Superior Court records show Jalal Malki, who was 37 at the time of his arrest in 2020 for attempted prejudice against the gay man, was charged on May 4, 2021 with unlawful entry, common assault, threats to kidnap and harm a person and attempted possession of a prohibited weapon against the owner of a vacant home at 4412 Georgia Ave., NW
Court impeachment documents indicate Malki allegedly remained at home without permission as a squatter. An arrest affidavit filed in court by DC police says Malki allegedly threatened to kill the man who owns the house shortly after the man arrived at the house while Malki was inside.
According to the affidavit, Malki approached the owner of the house while the owner was sitting in his car after calling the police and saying, “If you come back here, I will kill you.” While making this threat, Malki showed what appeared to be a gun in his belt, but later turned out to be a toy gun, the affidavit states.
Malki then returned inside the house a few minutes before the police arrived and his arrest. Court records show that like the legal process following his arrest in 2020 for threatening the gay man, a judge in the latest case ordered Malki’s release pending trial. In both cases, the judge ordered him to get away from the two men he allegedly threatened to kill.
An arrest affidavit filed by DC police in the 2020 case indicates that Malki allegedly made threats inside an apartment building where the victim lived in the 2300 block of Champlain Street, in the North-west. the victim lived.
“Victim 1 continued to state in an interview that this was not the first time Defendant 1 had threatened him, but this time Defendant 1 said if he caught him at the outside, he would fucking kill him. . He quotes the victim as saying during this time that Malki repeatedly called the victim “fucking queer”.
The affidavit, prepared by the arresting officers, states that after officers arrested Malki and took him to a police transport vehicle to be reserved for the arrest, he expressed a ” excited statement “that he was” in disbelief that the officers were siding with the ‘fucking queer.’ “
Court records show Malki is scheduled to appear in court on June 4 for a status hearing on the 2020 arrest and arrest two weeks ago for allegedly threatening to kill the owner of the house in which the police said he was squatting illegally.
Superior Court records show Malki was arrested three times between 2011 and 2015 in cases unrelated to the 2021 and 2020 cases for allegedly also making threats of violence against people. Two of the cases appear to be LGBTQ-related, but prosecutors in the U.S. Attorney’s Office have not listed the cases as hate crimes.
In the first of three cases, filed in July 2011, Malki allegedly pushed a man inside Dupont Circle and threatened to kill him after asking the man why he was wearing a purple shirt.
“Victim 1 believes the assault took place because Suspect 1 believes Victim 1 is gay,” the police affidavit read.
Court records show prosecutors charged Malki with common assault and threats of bodily harm in the case. But court records show that on September 13, 2011, DC Superior Court Judge Stephen F. Eilperin found Malki not guilty of both counts following a trial without a jury.
Online court records do not indicate why the judge returned a not guilty verdict. With the courthouse currently closed to the public and the press due to COVID-related restrictions, the Washington Blade was unable to immediately obtain the records to determine the reason for the judge’s verdict.
In the second case, court records show that Malki was arrested by DC Police outside the Townhouse Tavern bar and restaurant at 1637 R St., NW on November 7, 2012 for allegedly threatening one or more people with a knife after employees ordered Malki to leave. establishing “disorderly behavior”.
At the time, the Townhouse Tavern was located next to the gay nightclub Cobalt, which before going bankrupt two years ago was located on the corner of 17th and R streets, NW
The police arrest affidavit in the case says Malki allegedly pointed a knife threateningly at two of the tavern workers who blocked his path when he tried to enter the tavern. The affidavit states that he was originally charged by DC police with assault with a dangerous weapon – a knife. Court records, however, show that prosecutors in the United States Attorney’s Office reduced the charges to two counts of common assault. Records show that on January 15, 2013, Malki pleaded guilty to both counts as part of a plea bargaining agreement.
Records show that Judge Marissa Demeo on the same day handed down a 30-day sentence on each of the two counts, but suspended the 30 days on both counts. She then sentenced Malki to one year of supervised probation on both counts and ordered that he submit to alcohol and drug tests and undergo treatment, if necessary.
In the third case before the 2020 and 2021 cases, court records show Malki was arrested outside gay nightclub Cobalt on March 14, 2015 on multiple counts of simple assault, attempted assault with a dangerous weapon – knife, possession of a prohibited weapon – knife and illegal entry.
The arrest affidavit says an altercation started on the sidewalk outside the bar when, for unknown reasons, Malki grabbed a customer smoking outside and attempted to pull her towards him. When her friend came to her aid, Malki was reportedly “aggressive” in threatening the woman and “removing what appeared to be a knife from an unknown location” and pointing her at the woman’s friend in a way. threatening, says the affidavit.
He says a Cobalt employee ordered Malki a few minutes later to leave the area and he appeared to do so. But others noticed that he had made his way to another Cobalt front door and attempted to enter the facility knowing that he had been ordered not to return due to previous problems with behavior, states the affidavit. When he tried to push another employee back into Cobalt, Malki fell to the ground in a scuffle and other employees held him down while someone else called the police from DC.
Court records show that, as with all arrests of Malki, a judge freed him pending trial and ordered him to stay away from Cobalt and anyone he was accused of threats and assaults.
Records show that on September 18, 2015, Malki accepted a plea bargaining offer from prosecutors in which all but two of the charges – attempted possession of a prohibited weapon and common assault – were dropped. Judge Alfred S. Irving Jr., on October 2, 2015, sentenced Malki to 60 days of incarnation on each of the two charges, but suspended all but five days, which he allowed Malki to serve on weekends. -end, according to court records.
The judge ordered that the two five-day jail terms can be served concurrently, meaning only five days in total would be served, court records show. Records also show that Judge Irving sentenced Malki to one year of supervised probation on each of the two counts and ordered him to go through an alcohol treatment program and get away from Cobalt.