DC police have announced that they have arrested the man on charges of simple hatred-related assault shortly after he allegedly rocked his fist “threatening” by another man whilst screaming homophobic slander at the intersection of 14.th R Streets, NW Monday, September 15th, about 10:45am.
Police statements and court records show that officers arrested 39-year-old Marshall Baxter, 39, without a fixed address, after the victim identified him as the attacker.
“The suspect jumped directly into the victim, shaking his fists violently, almost hitting the victim,” the police statement said.
An arrest affidavit filed by police and prosecutors in DC Superior Court says that while the victim was walking the dog, Baxter reportedly waving both fists in front of the victim’s face, urging the victim to separate and dodge the assault.
“The accused Baxter then began a homophobic tilade,” the affidavit calls the victim identifying Applicant 1 or C-1, “bassoon and other homophobic slander.” “Defendant Baxter rushes towards C-1 trying to attack him again,” he says.
“Fearing his safety, C-1 deployed it using OC spray on defendant Baxter’s face. Defendant Baxter was hit by OC spray and fled the scene,” the affidavit states.
OC spray is a type of pepper spray that acts as a neutralizing aerosol agent that can cause temporary blindness and difficulty breathing when used as a defense against attack.
Under DC’s criminal law, Baxter’s actions to attack the victim with his fist are the basis for accusations of simple assault, a misdemeanor, despite his failure to physically assault the victim.
At the request of a prosecutor at the U.S. Attorney’s Office prosecutor on September 16, Superior Court Judge Heide L. Herman ordered Baxter, at least not to be detained, until the scheduled detention hearing is held on September 23, according to court records.
The DC Police Case Report identifies the victim and shows that he lives in an apartment building about a block away from where the assault occurred. Washington Blade has a policy of not identifying the victim in such cases unless they agree to it being identified. The victim was not immediately asked for comment.
The Post-DC man arrested for anti-gay assault on NW’s 14th & r St. first appeared in Washington Blade: LGBTQ News, Politics, LGBTQ Rights, and Gay News.
Source: Washington Blade: LGBTQ News, Politics, LGBTQ Rights, Gay News – www.washingtonblade.com
