The Washington Post - 23.08.2019

(Darren Dugan) #1

FRIDAY, AUGUST 23 , 2019. THE WASHINGTON POST EZ M2 B3


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job. Since she started working in
the District, the Salvadoran nan-
ny said she has been rejected by
employers multiple times be-
cause of her dark skin tone.
“Before, I didn’t say nothing.
But seven months ago, I tell my-
self, ‘Okay, stop, no more,’ ” Feriu-
fino said.
Other workers are joining the
effort as the Trump administra-
tion takes aim at other issues
affecting them, such as immigra-
tion. Vaca, who is undocumented,
said she has noticed an uptick in
the number of employers using
her undocumented status to fire
her or dismiss requests to renego-
tiate her salary. The mother of
two, originally from Bolivia, said
she has grown used to spending
her weekends attending protests
or canvassing.
Changing the D.C. Human
Rights Act will not be a panacea
for the abuses faced by domestic
workers, Velez said, but it is a
necessary first step. Trekking
through the Kingman Park neigh-
borhood that Saturday, Vaca
agreed.
“This is my life,” she said, climb-
ing the stairs toward her 16th
house, her hands pushing down
on knees swollen from arthritis.
“If not me, who else will do it?”
[email protected]

ance’s D.C. chapter has grown to
500 members. Organizer Antonia
Peña, also a domestic worker, said
there has been an “awakening”
among her peers.
Some, like 52-year-old Lourdes
Feriufino, are fed up with the
experiences they have had on the

“We’ve seen waves [of activism]
before. But from my perspective,
this one is actually working be-
cause it’s a worker-led move-
ment,” said England, who has
been studying domestic work in
the United States for two decades.
In the past two years, the Alli-

brought it to his attention last
year.
“It’s a very weird gap in the law,”
Allen said. “We’ve just started do-
ing our research because it was an
issue that I only really learned
about in the past year.”
The District’s Office of Human
Rights, which enforces the Hu-
man Rights Act, declined to com-
ment on the law’s origins or say
whether it has received discrimi-
nation complaints from domestic
workers in the past.
When Vaca was collecting sig-
natures, she encountered a feder-
al employee who insisted that
Vaca was protected by labor laws.
When Vaca explained that domes-
tic workers in the District are
included in some laws regulating
compensation and paid time off
but not by those that prohibit
discrimination and abuse, she re-
ceived a half-believing shrug.
Domestic workers, mostly im-
migrant women who work alone
behind closed doors, suffer from a
chronic lack of visibility, said Kim
England, the Harry Bridges Chair
of Labor Studies at the University
of Washington. This has contrib-
uted to a lack of awareness of their
working conditions, she said, and
in more recent years, pushed
them to take advocacy into their
own hands.

— at the time, the most expansive
of its kind in the country. In April
this year, New Mexico became the
ninth state to pass a similar law.
In the Washington area, Mont-
gomery County passed its own
domestic workers law more than
a decade ago, requiring employ-
ers to offer written contracts to
housekeepers, nannies and others
that include clearly defined terms
for paid time off, salary and sever-
ance.
Now the movement has landed
in the District, home to hundreds
of diplomats and many wealthy
families — and, as a result, a large
community of domestic workers.
Nannies and housekeepers
want to get the District up to
speed with a Domestic Workers
Bill of Rights, which would,
among other things, ensure paid
sick days and mandatory meal
breaks. But before the city can
consider such a law, organizers
say, it must first change the Hu-
man Rights Act so it does not
exclude domestic workers from
more fundamental protections.
In 2016, Laura Brown, execu-
tive director of the legal services
organization First Shift Justice
Project, met with a nanny in the
District who said she was fired by
employers after telling them that
she was pregnant.
When Brown learned that her
client was not protected from
such a firing under the Human
Rights Act, she commissioned re-
searchers at the University of the
District of Columbia Law School’s
Legislation Clinic to investigate
why. The research team conclud-
ed in a 2018 document provided to
The Washington Post that it was
“most likely a remnant of anti-
quated and biased ideas about
race, gender, and the women of
color who traditionally per-
formed domestic work.”
Other experts, including the
National Domestic Workers Alli-
ance’s director, Ai-Jen Poo, have
said these omissions are a legacy
of slavery.
“The exclusion explicitly calls
them ‘servants,’ ” noted Yomara
Velez, director of organizing proj-
ects at the Alliance. “We’re not
talking about pay here. We’re talk-
ing about a group of women of
color explicitly left out of sexual
harassment protection. Let’s
think about that.”
In the District, as in other liber-
al jurisdictions, few argue that
domestic workers should be left
out of protections given to every-
one else, Velez said. But legal gaps
persist because people are un-
aware of them, she said.
D.C. Council members Bran-
don T. Todd (D-Ward 4) and
Charles Allen (D-Ward 6) are
working with advocacy groups to
introduce legislation that would
amend the Human Rights Act.
Allen said he learned about the
exclusion only after advocates


WORKERS FROM B1


of the latter two incidents.
According to the charging sheet
in his case, on Nov. 25, Johnson
“failed to follow firearm handling
procedures... by removing his
pistol from the holster while danc-
ing.” On Dec. 31, the eve of the fatal
shooting, he allegedly unhol-
stered his weapon and chambered
a round, “stating, ‘Oh, you’re going
to a party’... or words to that
effect.”
The Marine Barracks Washing-
ton, at Eighth and I streets SE, was
founded in 1801 by President
Thomas Jefferson and is home to
the Marine Drum and Bugle Corps
and the Marine Band.
Like Kuznia, Johnson was as-
signed to the barracks’ guard com-
pany and underwent extensive
training in law enforcement and
firearms safety, McKenna said.
[email protected]

bility “is that he pointed a weapon
that he thought was unloaded at
his friend,” Ockert said.
If the judge determines that the
evidence is not sufficient to war-
rant a charge of unpremeditated
murder, Johnson could be pros-
ecuted for the lesser offenses of
involuntary manslaughter or neg-
ligent homicide. The judge also
must decide whether Johnson
should be court-martialed on four
additional charges of dereliction
of duty.
One of the four charges relates
to the shooting and one involves
his alleged repeated use of a cell-
phone for personal reasons while
he was on guard duty last fall and
winter. The other two charges
stem from his alleged unsafe bran-
dishing of a pistol last fall and on
New Year’s Eve. McKenna said in-
vestigators found cellphone video

day. McKenna and the lead de-
fense lawyer, Marine Maj. Joshua
L. Ockert, submitted documen-
tary evidence, including investiga-
tive reports, and made oral argu-
ments. They are scheduled to file
additional written arguments
next week. After that, the judge,
Marine Maj. John C. Johnson, will
decide whether the defendant
should face a court-martial and, if
so, on what charges.
Ockert argued that the charge
of unpremeditated murder is not
justified because there is “no evi-
dence beyond mere speculation
that Lance Corporal Johnson in-
tended to pull the trigger” when
he pointed the pistol at Kuznia.
When Johnson was questioned by
D.C. police after the shooting, he
told detectives that the gun “just
went off,” according to McKenna.
The degree of Johnson’s culpa-

He said investigators later con-
cluded that Johnson fatally re-
versed the unloading steps: First
he pulled back the pistol’s slide,
ejecting the bullet from the cham-
ber — but apparently he did not
remember that when the slide
sprung forward, it pushed a fresh
round into the chamber. Then he
removed the clip and thought the
weapon was empty, McKenna
said.
Moments later, Johnson point-
ed the gun at Kuznia and, laugh-
ing, called out his friend’s nick-
name, “Kuz,” and squeezed the
trigger, McKenna said, describing
what witnesses told investigators.
After the gun went off and Kuznia
collapsed, wounded in the head,
Johnson immediately became
“distraught” and “dropped the pis-
tol,” McKenna said.
No witnesses testified Thurs-

tion of misconduct” by Johnson
last fall and winter in which he
allegedly brandished his Marine-
issued Beretta pistol recklessly on
two occasions before the uninten-
tional fatal shooting.
After a duty shift, guards at the
Marine Barracks are required to
unload their sidearms in the pres-
ence of a supervisor to ensure that
the guns are rendered safe, Mc-
Kenna said. First, he said, the 15-
round clip is removed from the
pistol. Then the slide is pulled
back, ejecting the bullet from the
firing chamber, leaving the weap-
on empty.
Shortly before 5 a.m. on Jan. 1,
after finishing a tour of guard
duty, Johnson unloaded his Beret-
ta alone rather than wait for a
supervisor, McKenna said.


SHOOTING FROM B1


THE DISTRICT

Murder charge for man
sought in fatal shooting

D.C. police on Thursday
arrested a 32-year-old man
wanted in the fatal shooting in
July of a Southeast Washington
man, officials said.
The Capital Area Regional
Fugitive Task Force had been
searching for Andre Smith, who
has no fixed address, in
connection with the killing of
Delwaun Lyons, 23.
Lyons was found unconscious
in the 3000 block of 30th Street
SE just before 4 a.m. on July 20.
He had been shot multiple times.
Authorities charged Smith
with first-degree murder while
armed, D.C. police said in a
statement. They released no
further details.
— Clarence Williams

MARYLAND

Bond for woman
charged in baby’s death

A Columbia woman charged
with murder in the death of her
newborn son, who was found
dead inside a zipped plastic bag,
was released on bond Tuesday.
Moira Akers, 38, was released
from the Howard County
Detention Center on
$150,000 bond, according to
online court records.
Akers was arrested in April
and charged with first-degree
murder, second-degree murder
and first-degree child abuse,
according to online court records.
On Nov. 1, Akers was taken to
Howard County General Hospital
from her home.
Police determined Akers had
recently given birth inside her
Columbia home. There, they
found a deceased “male newborn
in a zipped plastic bag under
blankets in a closet.”
The baby was full-term and
alive at birth, according to the
completed autopsy report.
The cause of death was ruled
as asphyxiation and exposure,
police said. It is classified as a
homicide. Akers’s jury trial is
scheduled for four days in
October in Howard County
Circuit Court.
— Baltimore Sun

Six suspects sought in
heist at Verizon store

It only took about a minute,
police said, for six women to steal
$24,000 worth of cellphones
from a Verizon store in
Gaithersburg.
Montgomery County police
released a surveillance video
from the store showing some of
the women and are asking for the
public’s help in identifying them.
Police said the incident unfolded
about 6:30 p.m. July 18 at the
Verizon store on Copley Place.
In the video, two women come
into the store with a small child.
While one of the women asks for
help, the other women move
around the store. Police said
another woman then went into a
storeroom and stole the phones.
— Dana Hedgpeth

VIRGINIA

Leesburg man charged
with child sex offenses

A man who works as an officer
at a juvenile detention center in
Fairfax County has been arrested
on four felony sex offenses
involving a child, authorities said.
Clifton Townsend Jr., 60, of
Leesburg was arrested Monday,
officials with the Loudoun
County Sheriff ’s Office said.
Townsend works at the Fairfax
County Juvenile Detention
Center.
Bob Bermingham, director of
court services for Fairfax County
Juvenile and Domestic Relations
District Court — whose agency
oversees the detention center —
said there was “no indication that
that type of behavior happened
here.”
Bermingham said Townsend
works as a probation counselor at
the county’s juvenile detention
center and interacts with youths
in his job. He said Townsend had
been working at the facility since
January 2015.
After the allegations were
made Sunday, Bermingham said,
Townsend was put on
administrative leave with pay.
Officials are “moving towards
termination,” he said.
Authorities gave no further
details about Townsend’s
connection to the victim.
In a statement, the sheriff ’s
office said that “the victim is not
associated” with Townsend’s
work at the Fairfax facility.
Townsend is charged with rape,
carnal knowledge of a child and
two counts of sodomy. He is being
held without bond.
— Dana Hedgpeth

LOCAL DIGEST

LOTTERIES

Blunder cited in death at D.C. Marine Barracks


Domestic workers are left out of D.C.’s anti-discrimination law


PHOTOS BY REBECCA TAN/THE WASHINGTON POST
Adelaide Tembe, 33, and her 2-year-old daughter, Hawa Jalloh, take a break from canvassing for more domestic worker protections on
Aug. 17. Tembe came to the District from Mozambique with a diplomatic family in 2010.

From Bolivia, Ingrid Vaca said she has seen more employers using
her undocumented status to fire her or dismiss salary requests.

BY LAUREL DEMKOVICH
AND CLARENCE WILLIAMS

An inspector for the construc-
tion project on the Frederick
Douglass Memorial Bridge was
stabbed to death Thursday after-
noon on one of the bridge’s pedes-
trian walkways, D.C. police said.
Police responded a little after
2:30 p.m. to reports of an aggra-
vated assault, D.C. Police Chief
Peter Newsham said at a news
conference.
When officers arrived, they
found a man who had been
stabbed multiple times. He was
taken to a hospital, where he was
pronounced dead.
The victim was identified as
Robert Bolich, 62, of Alexandria.

Police said he was one of the
contract inspectors working on
the bridge.
Police said a suspect was de-
tained on the scene and arrested.
It does not appear that the suspect
worked with Bolich, Newsham
said. “We don’t know what exactly
transpired, what the motive was
for the stabbing,” Newsham said.
Late Thursday, authorities an-
nounced that Lance Ammons, 42,
of no fixed address, was charged
with first-degree murder while
armed.
Police released no details about
the case.
The southbound side of the
bridge carrying South Capitol
Street SW, near Nationals Park,
was closed for the investigation in

the early evening, causing some
commuting delays.
Bolich worked for HNTB Corp.,
a planning, design and construc-
tion management firm, according
to the company’s website.
“All of us at HNTB are shocked
and saddened by the sudden
death of our colleague, Rob
Bolich,” read a statement from
spokesman Christian Munson.
“Our hearts and thoughts are with
his family and loved ones. We are
fully cooperating with authorities
as they investigate this tragic inci-
dent.”
When reached by telephone, a
Bolich family member declined to
comment.
[email protected]
[email protected]

THE DISTRICT

Inspector fatally stabbed on bridge, police say

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