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U.S. Attorney’s Office declines to prosecute anti-gay assault case

The U.S. Attorney’s Office has declined to prosecute two women and a man who, according to a D.C. police report, assaulted a gay man after one of the women called him a “Jewish faggot” during an Oct. 13 incident on the grounds of a Northeast Washington apartment building where the victim and the two women live.

The victim, Antonio Zephir, 51, said one of the women, her daughter, and a man he believes to be the daughter’s father repeatedly punched him in the face after he shouted back at the mother in response to the anti-gay and anti-Jewish slur he says she hurled at him.

The incident took place outside the Northwood Gardens Apartments at 4870 Fort Totten Dr., N.E. at about 12:40 p.m. the police report says.

Zephir told the Blade this week that an official with the U.S. Attorney’s Office, which prosecutes crimes committed by adults in D.C., informed him in a phone call that the office decided not to prosecute the case after police and prosecutors viewed a surveillance camera video that reportedly captured the entire incident.

He said the official, Crystal Flournoy, Deputy Chief of the U.S. Attorney’s Office’s Early Case Assessment Section, told him the video showed that he was the “aggressor” in the incident.

Zephir says he strongly disputes that characterization and believes the camera angle from the video may not have captured the full altercation in which he was assaulted first before attempting to defend himself.

A D.C. police spokesperson said police opened an investigation into the incident after Zephir called police immediately after the altercation. A police report lists the incident as a suspected anti-gay hate crime and lists the offense as a misdemeanor simple assault.

Zephir, who was treated and released from the Washington Hospital Center the day after the incident, suffered a fractured nose, a fractured bone surrounding one of his eyes, and other facial injuries, according to a hospital report he provided to the Blade. He said his doctor told him he may need facial surgery to treat ongoing effects from the injuries.

In a Dec. 7 email, a copy of which Zephir sent to the Blade, D.C. Police Lt. Scott Dowling informed Zephir that the U.S Attorney’s Office declined to process an affidavit submitted by police requesting the case be prosecuted.

“[T]he affidavit submitted to the United States Attorney’s Office was declined, meaning that their office is not willing to move forward with criminal charges,” Dowling told Zephir in his email message. “As a result, there will be no arrests relating to the offense you reported,” Dowling said. “As the Affidavit was declined, our investigation is closed,” Dowling wrote in the message.

“The U.S. Attorney’s Office declined to prosecute this matter after reviewing the evidence,” William Miller, a spokesperson for the office, told the Blade in a statement on Wednesday. “Beyond that, we typically do not comment on charging decisions and have no further comment,” Miller said.

Zephir said he doesn’t think the video, which he hasn’t seen, shows that one of the two women involved in the altercation was the first to assault him. He identified her in court papers he filed seeking a stay away protection order as Aurlora Ellis.

Court records show that a D.C. Superior Court judge on Nov. 30 issued a “Consent Stay Away Order” requiring Ellis and her daughter, identified as Latera Cox, and a woman who Zephir says lives at Ellis’s apartment, to “stay at least 100 feet away from Plaintiffs Zephir or Johnson.”

Steve Johnson, who is cited in the stay away order, is Zephir’s roommate who the police report says attempted to stop the Oct. 13 altercation in which Zephir says he was assaulted.

The court order further states that the three women “shall not contact Plaintiffs Zephir or Johnson in any manner, including but not limited to by telephone, in writing, and in any manner directly or indirectly through another person, including social media,” and that the order will remain in effect for one year.

“Ms. Ellis was the person who made those threats and slurs against me,” Zephir said. “I responded with not-so-kind words. She ran towards me and assaulted me with hard punches toward my face,” Zephir recounted. “I punched back in an attempt to defend myself,” he said.

According to Zephir, during the altercation Ellis told him, “Call the police, you bitch faggot. They’re not going to do anything. This isn’t over yet.” He said he continues to worry that Ellis’s comment that the matter “isn’t over yet” was a threat and that she may try to harm him again.

Ellis couldn’t immediately be reached for comment.

Zephir said the October altercation wasn’t the first time Ellis has acted in a hostile way toward him.

“For several months, every time Ms. Ellis sees me, she shouts homophobic slurs and I continued to ignore her,” he told the Blade in October after contacting the Blade about the incident.

On Tuesday, Zephir told the Blade that Ellis later apologized for the altercation and asked him to drop the charges he filed against her with D.C. police. He said he declined her request, but said he’s now dismayed that the U.S. Attorney’s Office has refused to prosecute what he calls a “serious hate crime” against him.