ABOVE: A screenshot from a Ring camera. Photo via Washington Blade.
An Alexandria, Va., General District Court judge on Monday, Nov. 8, issued a verdict of not guilty for 57-year-old Thomas Wood on a charge of misdemeanor simple assault against a gay man that police and prosecutors listed as a hate crime.
Following a four-and-a-half-hour nonjury trial, Judge Thomas Kelley Jr. ruled that two video and audio recordings that captured Wood repeatedly shouting anti-gay slurs at his two next-door neighbors, Kyle Metz and Metz’s husband, Leo Liu Metz, in a July 3 incident did not provide sufficient evidence to prove Wood physically assaulted either of the two gay men or committed a simple assault under Virginia law.
Assistant Commonwealth’s Attorney Joe Cahoon, who acted as the lead prosecutor in the case, argued that both Kyle and Leo Metz testified at the trial that Wood raised and swung his arms over a fence that separated the properties of Wood and the Metz’s. He said Wood would have struck Leo Metz if Kyle Metz had not pulled Leo away from the fence.
In a separate verdict, Judge Kelley found Wood guilty of disorderly conduct, the second of the two charges filed against him by prosecutors in connection with the July 3 incident. The misdemeanor disorderly conduct charge was not classified as a hate crime under Virginia law.
Under Virginia law, misdemeanor cases such as simple assault or disorderly conduct are brought to trial before a judge without a jury.
While finding Wood not guilty of the hate crime assault charge, Kelley stated from the bench while delivering his verdict that he disagreed with arguments made by Wood in his testimony as a witness and by Wood’s attorney that the altercation was only and exclusively about a dispute over Wood’s parking space in an alley that separates Wood’s house from the house where Kyle and Leo Metz live.
“There is nothing that is said about parking,” Kelley said in referring to the two video recordings with full sound that captured Wood shouting the word “faggots” and asking which of the two gay men was the “wife,” among other insults.
“Are you the wife?” Wood is heard yelling on the video and audio recording. “Are you fucking him every night?” Wood shouts multiple times as captured by the recording.
“It is all about sexual orientation,” Kelley said from the bench while announcing his verdict, even though the hate crime designation ended when Kelley found Wood not guilty on the assault charge.
Minutes later, Kelley handed down a sentence for Wood on the disorderly conduct conviction that includes a $1,000 fine, 90 days in jail with all 90 days suspended, one year of unsupervised probation, and a requirement that Wood undergo counseling for anger management.
Under court rules, Wood could be ordered to serve some or all of the suspended 90 days of incarceration if he violates the terms of his probation.
At the request of Kyle and Leo Metz, and without objection from Wood’s attorney, B.R. Hicks, Kelley approved a stay-away protection order that prohibits Wood from threatening, intimidating or approaching the two gay men.
The dispute between Wood and Wood’s wife, Mary Wood, and the Metz’s began in April of this year, according to testimony at the Nov. 8 trial. Thomas and Mary Wood testified during the trial that the dispute began when the Metz’s moved into the house in Old Town Alexandria on Duke Street next door to the house they had been renting.
According to the Woods, the Metz’s placed a large planter at the edge of their property line that made it very difficult for the Woods to park their car in a space on their own property. Both Woods testified that in the weeks prior to the July 3 incident, they repeatedly and politely came to the front door of the Metz’s house to ask them if they could move the planter to make more room for them to park their car.
But the Metz’s testified that Thomas Wood yelled both anti-gay and anti-Asian slurs at them for at least a month or more prior to the July 3 incident that led to the assault and disorderly conduct charges against Thomas Wood. Leo Metz is Asian American.
The July 3 incident received widespread publicity on social media and on local TV news broadcasts when the Metz’s released the video and audio recording of the incident captured on their Ring camera video surveillance system. A second video of the incident was taken by another nearby neighbor, Julia Kennedy, who testified at the trial that she witnessed what she believed to be Thomas Wood subjecting Kyle and Leo Metz to homophobic slurs during the July 3 incident.
Prosecutor Cahoon played both videos on a large video screen several times during the trial. He noted that Thomas Wood’s loud and prolonged shouting of anti-gay slurs and other insults that the Metz’s interpreted to be threats reverberated across the neighborhood, creating a disturbance that clearly constituted disorderly conduct.
Defense attorney Hicks pointed to Thomas Wood’s testimony in which Wood claimed he was shouting the word “maggot” and not “faggot” most of the time when he became outraged that he could barely park his car in the space on his own property because of the Metz’s planter blocking access to his parking space. The Metz’s have said the planter was completely within their property line.
They testified that the incident began about 9:30 p.m. on July 3 when they heard a loud crashing sound outside their house and became worried that someone hit their own car. Before going outside, they said they watched the video from the Ring camera linked to their cell phones and saw Thomas Wood shouting insults over the fence that separates the two houses.
The two gay men testified that they then went outside to find out what was happening and immediately were subjected to anti-gay insults by Wood.
In response to questions from defense attorney Hicks, Wood insisted he is not homophobic and his anger on the night of the incident was based completely on the parking dispute and not on the sexual orientation of Kyle and Leo Metz.
“He is not a homophobe at all,” defense attorney Hicks told the Washington Blade after the trial.
A friend of the Metz’s who attended the trial told the Washington Blade that the parking space on the Wood’s property was too small for their car and that they, not the Metz’s, were responsible for their parking problems.
Although Kyle and Leo Metz testified that Wood reached over the fence and attempted to assault Leo, which prosecutor Cahoon said constituted a simple assault under Virginia law, defense attorney Hicks argued that nowhere on the two videos was there any image showing an assault or an attempted assault.
Prior to the judge’s verdict, Hicks argued that Wood should not be convicted of a hate crime because his words of “anger” were protected under the free speech provisions of the U.S. Constitution, even though his words were not “politically correct.”
Hicks couldn’t immediately be reached after the trial to determine if Wood plans to appeal the verdict finding him guilty of disorderly conduct.
