Philip Bushong | Homicide Watch DC

Former Marine Michael Poth Sentenced to 11 years for Philip Bushong Stabbing

Imari Williams — Thu, 04 Sep 2014 21:27:10 -0400

A judge sentenced former Marine Michael Poth to 11 years and three months in prison for the fatal stabbing of Philip Bushong, a fellow Marine.

"The defendant threatened Mr. Bushong minutes before the incident and evidence showed he went back to provoke him," Judge Russell Canan said before delivering the sentence.

Poth was convicted of voluntary manslaughter while armed in December 2013.

Assistant U.S. Attorney Michael Liebman noted at sentencing that Michael Poth threatened Bushong minutes before the stabbing.

"Ten minutes before, while at a bar, Poth raises his knife in the air and yells at him, 'I'm going to cut your mother f-ing lungs out,'" Liebman said. After the incident, Poth showed a lack of remorse by saying, "Good, I hope he dies," Liebman said.

On April 21, 2012, Bushong, 23, was found around 2:40 a.m. on the 700 block of 8th Street Southeast, near Barracks Row, with a stab wound to the chest. He later died from his injuries.

In a tearful impact statement, Philip's fiancee Margo Blau said that Bushong was an extremely loyal and funny person and that she lost her best friend.

"He was devoted to his country and ridiculously funny," Blau said. "I lost my best friend and the love of my life."

Defense Attorney Bernard Grimm said in a case like this, there are no winners. Punishment is a factor, he said, but the court has a "chunk" of Poth's life in its hands, and he asked the court to not give him a harsh sentence.

Michael's mother, Robin Poth, was allowed to address the court. "My son made it his mission to stick up for the little guy," she said.

"I know how badly Michael felt because I heard it myself," Robin Poth said. "My son's life still has meaning. His life still has purpose."

Finally, addressing the court, Poth said he thinks about the Bushong family and their loss.

"Not a day goes by that I don't think about the Bushong family," Poth said. "I didn't plan this."

Unable to remain silent, the Poth family burst into sobs and shouted encouraging words to the former marine as he was escorted away.

A press release from the U.S. Attorney's Office is below.

District Man Sentenced to More Than 11 Years in Prison For Fatally Stabbing Fellow Marine

-Attack Took Place in April 2012 in Southwest Washington-

WASHINGTON – Michael Poth, 22, of Washington, D.C., was sentenced today to 11 years and three months in prison after earlier being found guilty of manslaughter while armed in the fatal stabbing of a fellow U.S. Marine Corps enlistee, U.S. Attorney Ronald C. Machen Jr. announced.

Poth was found guilty by a jury in December 2013, following a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Russell F. Canan. Upon completion of his prison term, Poth will be placed on five years of supervised release.

According to the government’s evidence, Poth and the victim, Philip Bushong, 24, were active duty U.S. Marine Corps enlistees. At the time of the incident, the defendant was a private first class and was assigned to the Marine Barracks Washington, while the victim, a lance corporal, was a few days away from receiving an honorable discharge and was in the District of Columbia visiting friends. The men did not know one another. In the early morning hours of April 21, 2012, both were in the area near the 700 block of Eighth Street SE, near the Marine Barracks. Multiple bars and restaurants are in the area.

Poth walked by Lance Cpl. Bushong, who was with a group of friends. Shortly after he passed by the group, Lance Cpl. Bushong yelled something at the defendant. Poth took offense, took out a small pocket knife from his pocket, and waved it in the air toward Lance Cpl. Bushong and his group of friends. Poth also muttered out loud that he was going to “cut someone’s (expletive) lungs out.”

About 10 minutes later, Poth, after circling the block, aggressively walked toward Lance Cpl. Bushong, who was still in the area talking to a friend. Poth walked up to Lance Cpl. Bushong, uttered an anti-gay slur, and then kept walking. Lance Cpl. Bushong proceeded to follow Poth, and the two began to argue. As Lance Cpl. Bushong drew back his fist to punch Poth, Poth stated, “I’m going to stab you.” He then drew his knife and stabbed Lance Cpl. Bushong once in chest. Lance Cpl. Bushong died about two hours later.

In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department and the Naval Criminal Investigative Service, and thanked the U.S. Marine Corps for their cooperation. He also expressed appreciation for the work of the District of Columbia Department of Forensic Sciences and the District of Columbia Office of the Chief Medical Examiner. In addition, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Sandra Lane and Alesha Matthews; Victim/Witness Advocate Tamara Ince; David Foster, Katina Adams-Washington, and La June Thames, all of the Victim Witness Assistance Unit, and Litigation Technology Specialists Will Henderson and Paul Howell. Finally, he praised Assistant U.S. Attorney Michael Liebman, who prosecuted the case.

Michael Poth Found Guilty in Murder of Philip Bushong

Ivan Natividad — Mon, 02 Dec 2013 15:20:22 -0500

Michael Poth, the former Marine, was found guilty Monday of voluntary manslaughter while armed in connection with the April 2012 stabbing death of 23-year-old Philip Bushong, a fellow Marine.

Jurors in the case delivered their verdict around 2:20 p.m. Monday after deliberating for approximately two and a half days.

Police found Bushong April 21, 2012 around 2:40 a.m. on the 700 block of 8th Street Southeast suffering from an apparent stab wound; he would later die. Poth was arrested that same day and charged in connection with Bushong’s death.

During trial, prosecutors alleged that Poth stabbed and killed Bushong out of anger, moments after yelling a homophobic slur in his direction. But Poth's defense attorneys argued that Poth stabbed Bushong in self-defense, after Bushong attacked him.

The case is scheduled for sentencing on Feb. 7, 2014.

Jury Deliberations Begin in Michael Poth Murder Trial

Ivan Natividad — Fri, 22 Nov 2013 22:00:48 -0500

Jurors began deliberating Friday on a second-degree murder case charging an ex-Marine with stabbing a brother-in-arms on Barracks Row in Southeast DC in April 2012.

The defendant, Michael Poth, 21, was discharged after being arrested on suspicion of murder in the stabbing death of 23-year-old Philip Bushong.

During a week-long trial, Poth's defense attorney, Bernard Grimm, argued that Poth was the victim of an assault by two bigger men and that he stabbed Bushong in self defense. But prosecutors said that Poth instigated the altercation and that the stabbing was a premeditated attack.

Police found Bushong April 21, 2012 around 2:40 a.m. in front of a sporting goods store on the 700 block of 8th Street Southeast. He was suffering from an apparent stab wound and later died. Poth was arrested that same day and charged with Bushong’s death.

Nishith Pandya, Bushong's friend of three years, testified at trial that he was with Bushong bar hopping the night Bushong was killed. Late that night, Bushong and two other Marines were expelled from Molly Malone's, a bar and restaurant across the street from the Marine Barracks, for being rowdy.

Pandya said that he accompanied Bushong outside and that the two were talking about Bushong’s plans following his retirement from the Marines, when Poth approached them. He was smoking a cigarette and he kicked over a restaurant sign, Pandya said.

Testifying Tuesday, Pandya said Poth yelled a homophobic slur out toward him and Bushong. Bushong responded, yelling back, ‘What the f– did you just say?’ or, ‘shut the f– up,’” Pandya said.

During trial Cpl. Chris Johnson testified that while on duty guarding the Barracks he saw the fight between Poth and Bushong escalate.

"I'm going to stab you," Johnson said Poth yelled.

Pandya testified that Poth called Bushong a "boot," military slang for an inexperienced officer, and, minutes later, stabbed him in the chest.

An autopsy concluded that Bushong died from a stab wound to the left side of his chest; the weapon had damaged the root of his aorta.

Poth's attorney, though, argued that the stabbing was in self defense. In closing arguments Friday, Grimm told jurors Friday that Poth was the victim, and that he was pursued before the stabbing by both Pandya and Bushong.

A video clip shown in court Friday captures Poth at the crime scene tripping into view, then turning around to look back at Bushong, then walking off. Prosecutors claim at this point in the video, Bushong has already been stabbed.

But during trial Grimm argued that as the video clip continues, Bushong is seen entering the camera's view and walking toward the direction Poth walked to off camera.

Grimm told jurors Friday that this is when Bushong attacks Poth, causing Poth to stab him in defense.

"There is no evidence that shows [Poth's] conduct to be premeditated," Grimm said, urging jurors to find Poth innocent. "Don't follow a tragedy with another tragedy."

Deliberations in the case began at 2 p.m. Friday and are expected to resume Monday.

At Trial, Witness Describes the Altercation that Led to Philip Bushong Stabbing

Ivan Natividad — Wed, 20 Nov 2013 17:28:07 -0500

Jurors in the trial of a former Marine charged with murder heard Tuesday from a witness to the fatal stabbing near the Marine Barracks in Southeast DC.

That witness, Nishith Pandya, had been friends with Philip Bushong for three years when Bushong was killed after a night of bar hopping.

Pandya testified that he and Bushong were with a group of friends drinking at Molly Malone's some time after 2:00 a.m. when Bushong and two other Marines were asked to leave the bar after being "loud and boisterous."

Pandya said that he accompanied Bushong outside and that the two talked about Bushong's plans following his retirement from the Marines, which was scheduled to happen in five days.

As the two were talking a man approached them kicking a restaurant sign and smoking a cigarette. Pandya identified that man in court as Michael Poth, 21, the defendant in the case.

Testifying Tuesday, Pandya said Poth yelled a homophobic slur out toward him and Bushong. Bushong responded, yelling back, 'What the f--- did you just say?' or, 'shut the f--- up,'" Pandya said.

Video footage shown in court captures Poth soon after the exchange of words blowing cigarette smoke near Bushong's face while walking away and out of the camera's view. Pandya testified that Bushong then walked after Poth to confront him; Pandya followed close behind.

Pandya testified that Poth then called Bushong a "boot," a military slang term for an inexperienced soldier just out of boot camp.

"Who are you calling a boot?" Bushong responded, according to Pandya.

Bushong then began yelling out at Poth his military accomplishments and the countries he had been deployed to, Pandya said.

Pandya testified that as he and Bushong followed Poth, Poth would often stop and walk back toward the two men yelling explicit language in their direction. As the three approached a sports store down the block, Pandya said Bushong and Poth began arguing face to face.

Pandya told jurors that he then saw Poth strike Bushong in the chest.

"It looked like a punch or a slap," Pandya said.

Surveillance video from that street shows Poth stumbling forward, then turning around to look back at Bushong, before leaving. Moments later Bushong is seen lunging toward the direction Poth ran, then out of the camera's view. Bushong is seen back in camera view seconds later, yelling out at Poth.

Pandya is seen catching up with Bushong then pointing at Bushong's chest. Pandya said Tuesday that there was blood on Bushong's shirt, and that Bushong did not initially know he had been stabbed. Bushong is then seen lifting his shirt up to examine where the blood is coming from. Seconds later he collapses to the ground.

"He fell down face first," Pandya testified. "So I applied pressure to his wound."

Dr. Joseph Pestaner conducted the autopsy on Bushong and testified Tuesday that Bushong died from a stab wound to the left side of his chest; the weapon had damaged the root of his aorta.

Poth's attorney, Bernard Grimm, questioned Pandya's identification on Poth as the person responsible for Bushong's death. Court documents state that in an interview with police Pandya told detectives that the man who stabbed Bushong wore a black baseball cap and khaki shorts. Poth, though, wore blue jeans, a t-shirt, and no baseball cap in all video footage captured the day of the murder.

Grimm pointed out that Pandya's description of the suspect fit the build of the bar employee who kicked Bushong out of Molly Malone's shortly before the stabbing.

"That's what I recalled at the time," Pandya said.

Prosecutors in the trial rested their case Wednesday. Trial will resume tomorrow at 10:15 a.m. with witnesses called on behalf of Poth's defense.

Megan Arellano contributed to this report.

Michael Poth Murder Trial Begins with Eyewitness Testimony and Video Footage of Stabbing

Ivan Natividad — Fri, 15 Nov 2013 12:28:20 -0500

The murder trial against Michael Poth began Thursday with eyewitness testimony and video footage that place Poth in a deadly encounter with 23-year-old Philip Bushong, who was killed across the street from a Marine Barracks the two both lived in.

Poth, 21, a former Marine, is charged with second-degree murder while armed in connection with the 2012 fatal stabbing death of Bushong, a fellow Marine.

Police found Bushong April 21, 2012 around 2:40 a.m. on the 700 block of 8th Street Southeast suffering from an apparent stab wound; he would later die. Poth was arrested that same day and charged in connection with Bushong's death.

At trial Thursday, Cpl. Chris Johnson told jurors that moments before the murder, Poth and Bushong had fought verbally in front of "Molly Malone's," a restaurant and bar located across the street from the Marine Barracks. Johnson testified that he was guarding the barracks, and was less than 60 feet away from Poth and Bushong, as the two began to argue.

Johnson said Poth initially walked away from the fight, flashing a pocket knife in the air before leaving. He walked down the block and talked to Marines who appeared to have calmed him down. Poth then circled around the block and came back to the front patio of Molly Malone's, Johnson said.

Prosecutors played video footage from the restaurant that showed Poth kicking a restaurant sign as he walked past Bushong and his friend, who both then proceeded to follow Poth outside of the camera's view.

According to Johnson, Bushong ran up to Poth from behind and grabbed his shoulder, with his other hand cocked back to punch Poth. But before Bushong could throw a punch, Poth stabbed him, Johnson said.

"I heard [Poth] say, 'I'm going to stab you,' and then he turned around and stabbed him," Johnson said Thursday.

Johnson then ran across the street to help Bushong. Poth fled on foot, tripping once over a flower pot on the sidewalk, Johnson said.

Surveillance footage from the Marine Barracks shown in court showed Poth moments later running into an alley next to the barracks. He was detained in that alley by other Marines.

The trial is scheduled to resume Monday with Judge Russell Canan.

Michael Poth Pleads Innocent to Second-Degree Murder in Stabbing Death of Marine

Rebecca Zisser — Fri, 03 Aug 2012 13:02:46 -0400

Michael Poth pleaded innocent to one count of second-degree murder while armed Friday for the killing of fellow Marine Phillip Bushong in April.

Prosecutors have offered Poth a plea agreement that will remain open until his next status hearing on Sept. 7. The terms of the agreement were not immediately available.

Charging documents in the case rely in part on the testimony of an on-duty Marine who told police that he saw Poth and Bushong, who was accompanied by another person, walking towards each other on 8th Street Southeast just before Bushong was killed. The three exchanged words, the Marine said, then Bushong turned to follow Poth. Poth threatened, “I’m going to stab you.”

At a preliminary hearing in May, prosecutors showed the court surveillance cameras video of Poth just before Bushong was killed. The videos showed a man identified as Poth waving a knife in the air and kicking over a restaurant advertisement. Evidence presented at the hearing stated that a witness told police that that night Poth used a homophobic slur to address a gay man, another witness said they heard Poth say, “I’m gonna stab somebody. I’m gonna cut their lungs out.”

Poth’s defense attorney, David Benowitz, argued that Poth was acting in self defense and that Bushong initiated a fistfight, which led to the stabbing.

Grand Jury Indicts Ex-Marine in Barracks Row Murder

Laura Amico — Wed, 25 Jul 2012 15:54:20 -0400

A grand jury has indicted ex-Marine Michael Poth, charging him with one count of second-degree murder while armed.

Poth, 20, is suspected of killing fellow Marine Phillip Bushong outside the Marine Corps Barracks in Southeast DC in April.

Charging documents in the case rely in part on the testimony of an on-duty Marine who told police that he saw Poth and Bushong, who was accompanied by another person, walking towards each other on 8th Street Southeast just before Bushong was killed. The three exchanged words, the Marine said, then Bushong turned to follow Poth. Poth threatened, “I’m going to stab you.”

Poth’s defense attorney, David Benowitz, argued that Poth was acting in self defense and that Bushong initiated a fistfight, which led to the stabbing.

Poth was served with discharge papers just before his preliminary hearing in May, though Prosecutor Michael Liebman told the court that the discharge was unrelated to the criminal charges Poth was facing. Liebman said that the discharge papers were related to separate matters related to underage drinking, use of synthetic marijuana, and talking back to officers.

Poth is scheduled to be arraigned on the second-degree murder charge next week.

The indictment is below.

Marine Suspected in SE DC Murder Served with Discharge Papers Prior to Hearing

Rebecca Zisser — Wed, 16 May 2012 14:22:22 -0400

Today, as he waited for his hearing on a charge of second-degree murder, Marine Michael Poth was served with discharge papers; the U.S. Marine Corps saying that he had behaved less than honorably.

Just hours later, clad in an orange jumpsuit, he was ordered held on the murder charge. Judge Ronna Beck found substantial probability that Poth stabbed his brother-in-arms, Philip Bushong, near the Marine Barracks in April.

The prosecuting attorney, Michael Liebman, said the discharge was recommended before Poth was presented with the charge of second-degree murder while armed and that it was because Poth, 20, had allegedly drank illegally, tested positive for synthetic marijuana, and talked back to officers.

Liebman showed the court videos of Poth just before Bushong was killed. The videos, from nearby surveillance cameras, showed Poth waving a knife in the air and kicking over a restaurant advertisement. A witness told police that that night Poth also addressed a gay man with a homophobic slur. Another witness said they heard Poth say, “I’m gonna stab somebody. I’m gonna cut their lungs out.”

Poth's defense attorney didn't deny at the hearing Wednesday that Poth could have fatally stabbed Bushong.

Instead, David Benowitz argued, Poth was acting in self defense.

Benowitz said Bushong initiated a fistfight, which led to the stabbing. Benowitz pointed back to the surveillance tapes provided by the government, saying that on the tape, he sees Poth getting up after appearing to fall backwards, as if struck, before the stabbing took place.

Beck rejected the self defense argument, saying that even if Bushong initiated a fistfight with Poth, wielding a knife was a disproportionate response. She ordered Poth held on the charge while the case goes to Grand Jury.

Poth is next expected in court for a status hearing July 13.

Before Arrest, Marine Claimed Stabbing of Brother-in-Arms was Self-Defense

Laura Amico — Mon, 23 Apr 2012 17:41:28 -0400

"Call me boots and the fight started."
"Marines control me and my brain."
"You start with me and I'm going to defend myself."
"He was talking s*** so I stabbed him."
"He punched me in my face, so I stabbed him."
"Good, I hope he dies."
"I stabbed him because he punched me in the head. There were two of them. I was defending myself."

These were among the statements attributed to U.S. Marine Michael Poth Monday at his presentment on a charge of second-degree murder while armed.

Poth, 20, is suspected of fatally stabbing fellow Marine Philip Bushong early on Saturday morning on Barracks Row in Southeast DC.

Charging documents in the case do not describe what argument or altercation may have preceded Bushong's death; police officials on Saturday said Poth may have said a "homophobic slur" before Bushong was stabbed.

Instead, the documents describe how three people, at least one of them an active duty Marine, chased down and detained Poth after seeing Bushong stabbed.

The on-duty Marine told police that he saw Poth and Bushong, who was accompanied by another person, walking towards each other on 8th Street Southeast. The three exchanged words, the Marine said, then Bushong turned to follow Poth. Poth threatened, "I'm going to stab you." ~~then Poth reversed his route, followed the others, and threatened: "I'm going to stab you."~~

Bushong reached toward Poth and grabbed his shoulder, the Marine said, then Bushong "[motioned] with his other hand as if he were going to throw a punch."

Then Poth stabbed Bushong, the Marine said, according to the charging documents.

Detectives noted that Poth did not appear injured and did not request medical treatment.

Poth was arrested Saturday and presented with the murder charge at DC Superior Court late Monday afternoon. He was ordered held on the charge. A preliminary hearing is scheduled for May 15.

Read the charging documents below.

Presentment Expected this Afternoon in Stabbing Death of Philip Bushong

Laura Amico — Mon, 23 Apr 2012 14:53:42 -0400

Michael Poth is expected to be presented with a charge of second-degree murder while armed at 4 o'clock this afternoon.

Poth, a U.S. Marine, is suspected in the stabbing death of fellow Marine Philip Bushong on Barracks Row early Saturday morning.

Charging documents are not yet available in the case.

Police have said the Poth may have said a homophobic slur before the stabbing.

The Washington Post reports that Bushong's friends were struggling to comprehend that scenario.

Bushong’s friends said Bushong was not gay, nor was he homophobic.

“You could have called him gay, and he wouldn’t have cared,” said Nishith Pandya, 28. “He would have laughed.”

Bushong’s family could not be reached for comment.

The Hartford Courant reported that Bushong joined the Marine Corps in 2008 and was deployed with the 22nd Marine Expeditionary Unit from March 2011 to Feb. 2012. He had been awarded the Global War on Terrorism Service Medal, the Marine Corps Good Conduct Medal and the National Defense Service Medal, the Hartford Courant reported.

Barracks Row Stabbing Victim ID'ed as Philip Bushong of North Carolina

Laura Amico — Sat, 21 Apr 2012 19:01:27 -0400

A 23-year-old man killed in a stabbing on Barracks Row early Saturday morning has been identified as Philip Bushong of Camp Lejeune, NC, MPD said Saturday evening.

A 20-year-old DC man, Michael Joseph Poth, has been arrested on suspicion of second-degree murder while armed in connection with the case, according to MPD's press release.

WJLA reports that both Bushong and Poth are Marines.

Captain Jack Norton, spokesman for the Marine Barracks, says that between 2:30 and 2:45 a.m. guard Marines responded to an incident between two individuals on H Street SE outside the Marine Barracks.

They subdued one of them and he was turned over to D.C. police.

An MPD source says the suspect Marine uttered a homophobic slur before stabbing the victim.

CNN reported that Bushong "was based at Camp Lejeune in North Carolina, and that the alleged attacker is stationed at the Marine Barracks."

The Washington Post reports that Bushong was stabbed once in the chest with a pocketknife.

Officers found a pocketknife on Poth when they arrested him, police said. Investigators think the men got into a fight on the street, and did not know each other before the incident.

“This is obviously a tragedy and we’re working in concert with local authorities and cooperating with them as necessary,” said Marine Capt. John D. Norton, public affairs officer at Marine Barracks Washington.

Read MPD's press release below.

April 21, 2012

Homicide and Arrest: 700 block of 8th Street, SE

(Washington, DC)-Detectives from the Metropolitan Police Department’s Homicide Branch are investigating the fatal stabbing which occurred in the 700 block of 8th Street, Southeast.

On Saturday, April 21, 2012 at approximately 2:41 am, units from the First District responded to the 700 block of 8th Street, Southeast, to investigate a stabbing. Upon their arrival, they located the victim, suffering from an apparent stab wound. Information uncovered during the course of the preliminary investigation indicates that there was a verbal exchange, and during the exchange a homophobic slur was heard from the suspect prior to the stabbing. DC Fire and Emergency Medical Services personnel transported the victim to a local hospital where he succumbed to his injuries and was pronounced dead.

The decedent has been identified as 23 year-old Philip Bushong of Camp Lejeune, NC.

On Saturday, April 21, 2012, 20 year-old Michael Joseph Poth of Southeast, Washington, DC was arrested. He has been charged with Murder Two while Armed in the fatal Stabbing of Philip Bushong.

Stabbing Kills Man Near Eastern Market

Chris Amico — Sat, 21 Apr 2012 10:54:25 -0400

WJLA and NBC Washington report that a stabbing killed a man in Southeast DC early Saturday morning.

Police say a man was found in the 700 block of 8th Street SE suffering from multiple stab wounds. He was taken to a local hospital, where he was pronounced dead.

Police have a man in custody, both TV stations report, but the identities of both victim and suspect have not been released.