Murder of Robert Eric Wone
Encyclopedia
Robert Eric Wone was murdered in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

 in August 2006. The case remains unsolved. Wone's body was found in the home of a college friend. Wone, who was 32 years old at the time, was a lawyer living in suburban Oakton
Oakton, Virginia
Oakton is a census-designated place in Fairfax County, Virginia, in the United States. The population was 29,348 at the 2000 census. The ZIP code is 22124.-Geography:Oakton is located at...

, Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...

, but had been working as general counsel at Radio Free Asia
Radio Free Asia
Radio Free Asia is a private, nonprofit corporation that operates a radio station and Internet news service. RFA was founded by an act of the US Congress and is operated by the Broadcasting Board of Governors . The RFA is supported in part by grants from the federal government of the United States...

 in downtown Washington, D.C.. He had stayed the night at the home of friends located about one mile from his office. According to police affidavits, Wone was believed to have been "restrained, incapacitated, and sexually assaulted" before his death.

Within days of the murder, D.C. police
Metropolitan Police Department of the District of Columbia
The Metropolitan Police Department, also known as the DC Police, DCPD, MPD, and MPDC is the municipal police force in Washington, D.C...

 alleged that the crime scene had been tampered with, but no charges were filed for over two years. The individuals present in the townhouse when Wone was attacked were charged in late 2008 with obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...

 and conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

 related to alleged tampering with the crime scene. The men were acquitted of the charges in June, 2010. No one has been charged with Wone's killing. Wone's widow filed a $20 million wrongful death
Wrongful death claim
Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute...

 lawsuit against the residents of the townhouse in November, 2008; the suit was settled in July, 2011 for an undisclosed sum.

Crime

Late on August 2, 2006, Robert Eric Wone was fatally stabbed while staying overnight at a Swann Street, NW townhouse in Washington, D.C., owned by Joseph Price and his domestic partner Victor Zaborsky, where Dylan Ward also resided. Wone had gone to Price's residence at approximately 10:30 P.M. after working late, as had been arranged days before. A 9-1-1 call
9-1-1
9-1-1 is the emergency telephone number for the North American Numbering Plan .It is one of eight N11 codes.The use of this number is for emergency circumstances only, and to use it for any other purpose can be a crime.-History:In the earliest days of telephone technology, prior to the...

 was made by Zaborsky at 11:49 P.M., and paramedics arrived at 11:54, followed shortly by the police. Price phoned Wone's wife, but Wone was pronounced dead at George Washington University Hospital
George Washington University Hospital
The George Washington University Hospital is a hospital in Washington, D.C. in the United States. It opened on On August 23, 2002, with 371 beds in a 400,000 sq. ft. building, housing than $45 million of medical equipment and cost more than $96 million to construct...

 at 12:24 A.M. on August 3.

Price, Ward, and Zaborsky all initially spoke with the police without attorneys, and video recordings of those interviews were shown at the subsequent conspiracy trial. They denied any involvement in the death and speculated that an intruder had killed Wone. The three also denied any sexual relationship with Wone, and Wone's family have described him as both "straight and happily married". Price, Ward, and Zaborsky attended Wone's funeral, where Price served as a pallbearer. Eric Holder
Eric Holder
Eric Himpton Holder, Jr. is the 82nd and current Attorney General of the United States and the first African American to hold the position, serving under President Barack Obama....

, who worked at that time at Covington & Burling, called Wone "a kind and gentle man" who was "killed in the most horrible of ways".

Investigation

Paramedics responding to the emergency call "found the three residents’ calm behavior unusual; none was screaming or even helping direct the paramedics." According to Ward's attorney, detectives who interrogated the three housemates on the night of the murder informed them that they were the main suspects in the case, and asked many sexually charged, accusatory questions. Three days after the murder, the Gay and Lesbian Liaison Unit of the D.C. police were called in, but unit head Sgt. Brett Parson declined to discuss the unit's involvement. Within two weeks of the murder, police publicly alleged that the crime scene had been tampered with. Investigators spent more than three weeks examining the townhouse in detail, "removing flooring, pieces of walls, a chunk of staircase, the washing machine, even sink traps." Allegations that the area around Wone's body had been cleaned were revealed in an affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...

 in support of a search warrant for homeowner Joseph Price's offices at the D.C. law firm of Arent Fox
Arent Fox
Arent Fox LLP is a law firm and lobbying group based in Washington, D.C.. The firm also has offices in New York City and Los Angeles, California. In 2007, the National Law Journal ranked the firm as the 137th largest in the United States based on number of attorneys...

.

Burglary

Three months after Wone's death, there was a burglary at the Swann Street residence, in which more than $7,000 of electronic equipment was taken. Two individuals, including a close relative of Price's, were charged with the burglary, but those charges were later dropped. In 2007, D.C. police revealed that they had been preparing to make an arrest in the Wone murder case in 2006, but that the burglary had derailed those plans. Police have not revealed the name of the arrest target, nor the charge(s) that would have been filed.

Lack of progress

In August 2007 The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...

reported Katherine Wone's frustration with the FBI crime lab
Federal Bureau of Investigation Laboratory
The Federal Bureau of Investigation Laboratory generally enjoys the reputation as the premier crime lab in the United States. However, during the 1990s, its reputation and integrity came under withering criticism, primarily due to the revelations of Special Agent Dr. Frederic Whitehurst, the most...

, "It has been trying at times as we continue to wait for the FBI to complete their analysis of all the samples that were taken." Over one year the case had been transferred to three separate prosecutors, earning it "vagabond
Vagabond (person)
A vagabond is a drifter and an itinerant wanderer who roams wherever they please, following the whim of the moment. Vagabonds may lack residence, a job, and even citizenship....

 status" in the U.S. Attorneys'
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...

 office. On the one-year anniversary of Wone's death, Katherine Wone held a press conference to appeal for public assistance in finding the killer, her first public comment on the case. During the press conference, Holder publicly pleaded with the three residents to provide additional information, saying "You need to ask yourself, 'Have I provided police with all the information I know?'" Interested parties, such as the OCA
Organization of Chinese Americans
Founded in 1973, the Organization of Chinese Americans is a national organization dedicated to advancing the social, political, and economic well-being of Asian Pacific Americans in the United States...

, used the first anniversary of Wone's death to criticize what they deemed police inaction in the investigation. In contrast to the first anniversary of Wone's murder, there was no press conference on the second anniversary, and neither the Wone family nor police made any statements to the press.

Arrests and charges

An obstruction of justice charge was filed in October 2008 against housemate Dylan Ward, who had since moved to Miami-Dade County, Florida
Miami-Dade County, Florida
Miami-Dade County is a county located in the southeastern part of the state of Florida. As of 2010 U.S. Census, the county had a population of 2,496,435, making it the most populous county in Florida and the eighth-most populous county in the United States...

 and was living in a home owned by Price. In November 2008, Price and Zaborsky were arrested and also charged with obstruction of justice. All three men were later released pending trial, but subject to electronic monitoring and curfews. On December 19, 2008, additional charges of conspiracy were filed against all three men. During the same hearing, the electronic monitoring and curfew restrictions for the three defendants were ended and prosecutors announced the possibility that charges related to tampering with evidence could be filed in the future.

The affidavit filed by authorities supporting the arrest warrant for Ward showed that investigators had concluded the men were not telling the truth about what happened. The report states "The evidence demonstrates that Robert Wone was restrained, incapacitated, sexually assaulted, and murdered inside 1509 Swann Street," and there exists "overwhelming evidence, far in excess of probable cause" that Price, Zaborsky, and Ward "obstructed justice by altering and orchestrating the crime scene, planting evidence, delaying the reporting of the murder to the authorities, and lying to the police about the true circumstances of the murder." Lawyers for the three accused men have called the affidavit "speculation, innuendo, assumptions, and irrelevant inflammatory comments" and maintain their clients' innocence. Price and Zaborsky were domestic partners, and the affidavit alleges that Price had previously had a sexual relationship with Ward. Washington attorney Dale Sanders opined that the release of the extensively detailed affidavit was intended to turn one of the housemates, presumably Ward, against the others, and hypothesized that it indicated prosecutors lacked sufficient evidence to charge any of the housemates with additional crimes without the cooperation of a witness.

Officials believe that a knife from the kitchen had been smeared with blood placed near the body, while a duplicate of the knife which was missing from a set found in Ward's bedroom would have been more consistent with the wounds to Wone's body. The autopsy revealed evidence of some degree of suffocation, perhaps by a pillow, and puncture marks on his neck, chest, foot and hand. Though no toxins were found in his blood, a lack of evidence of struggle led investigators to suspect Wone had been injected with a paralytic agent. Cadaver dogs found a blood residue in a dryer lint trap and the patio drain, which detectives believe may be evidence that someone washed themselves in the back patio area, and dried wet clothes in the dryer. City Paper Columnist Jason Cherkis reported unattributed criticism of the medical examiner's failure to test for exotic drugs and to keep a sample of Wone's blood for later testing, as well as detectives' failure to follow up on a lint trap that had attracted a cadaver dog's attention. Price's lawyer has challenged the timing of the indictments, has said that the civil suit "looked unseemly", and questioned whether the prosecutors and Wone family attorneys were acting in concert.

In April, 2009, prosecutors disclosed that two emails had been sent from Wone's BlackBerry
BlackBerry
BlackBerry is a line of mobile email and smartphone devices developed and designed by Canadian company Research In Motion since 1999.BlackBerry devices are smartphones, designed to function as personal digital assistants, portable media players, internet browsers, gaming devices, and much more...

 "at a time when prosecutors believed Wone dead". An independent criminal law attorney noted that "The defense will argue that this is consistent with their claim that the murder happened quickly by an intruder and it was not a long, drawn-out effort to sexually assault Wone before he was killed, as the government is alleging." Previously a court filing indicated the government intended to release a personal profile that Price allegedly used on ALT.com, "a sexually oriented web site specializing in S&M
BDSM
BDSM is an erotic preference and a form of sexual expression involving the consensual use of restraint, intense sensory stimulation, and fantasy power role-play. The compound acronym BDSM is derived from the terms bondage and discipline , dominance and submission , and sadism and masochism...

 practices".

Formal defense in the conspiracy case began on June 17, 2010, and concluded without any of the defendants testifying. According to legal analyst David Benowitz, in the light of the recorded interviews with police the day after the murder, allowing the defendants to testify could have harmed the case.

Judge Lynn Leibovitz found each of the three men not guilty of charges of conspiracy, obstruction of justice and tampering with evidence on June 29, 2010. Leibovitz, in explaining her ruling for almost an hour from the bench, stated that she personally believed that the men knew who killed Wone, but was not convinced beyond a reasonable doubt that they committed the offenses with which they were charged.

Civil lawsuit

On November 25, 2008, Wone's widow Katherine filed a $20 million wrongful death
Wrongful death claim
Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute...

 lawsuit against the three men, largely based on the police affidavit. The lawsuit alleged "defendants' negligent failure to rescue Robert Wone after he was injured, defendants' destruction of evidence of Robert Wone’s murder, and defendants' conspiracy to destroy evidence and obstruct the police investigation into Robert Wone’s murder." The suit was settled August 3, 2011 for an undisclosed sum. Prior to his nomination as United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...

, Wone's widow was advised by Eric Holder on a pro bono basis.

Aftermath

Wone's death has proven to be one of Washington, D.C.'s most mysterious homicide cases. The Washington Examiner listed the Wone case, in light of the arrests, as one of eight top crime stories in D.C. for 2008. The Washington Blade stated that the case "has captured the interest of the gay community because it occurred inside the home of a prominent gay male couple." Camille Paglia
Camille Paglia
Camille Anna Paglia , is an American author, teacher, and social critic. Paglia, a self-described dissident feminist, has been a Professor at The University of the Arts in Philadelphia, Pennsylvania since 1984...

 commented that the relative lack of news coverage for the crime "appears to be a blatant case of politically correct censorship". In March 2009, a MyFoxDC.com story on the crime highlighted a website (Whomurderedrobertwone.com) cataloging the investigative efforts of "four amateur sleuths who live in the neighborhood".

Since Wone's death, multiple organizations have established scholarships and other memorials in his name, including the Virginia Department of Social Services "Robert E. Wone Award for Exemplary Service", the "Robert E. Wone Judicial Clerkship & Internship Conference" at Howard University School of Law
Howard University School of Law
Howard University School of Law is one of the professional graduate schools of Howard University. Located in Washington, D.C., it is one the oldest law schools in the country and the oldest historically black college or university law school in the United States...

, a conference room at OCA headquarters, and the "Robert E. Wone Fellowship" of the Asian Pacific American Bar Association Educational Fund
Asian Pacific American Bar Association Educational Fund
The Asian Pacific American Bar Association Educational Fund is a non-profit organization established by the Asian Pacific American Bar Association of the Greater Washington, D.C. Area, Inc. in 1993 to engage exclusively in charitable and educational activities. In 2005, AEF established the...

.

Victim

Robert Eric Wone (June 1, 1974 – August 3, 2006) was a fourth generation Chinese American
Chinese American
Chinese Americans represent Americans of Chinese descent. Chinese Americans constitute one group of overseas Chinese and also a subgroup of East Asian Americans, which is further a subgroup of Asian Americans...

, born and raised in New York City. After graduating from Xaverian High School
Xaverian High School
Xaverian High School is a private, college-preparatory school located in Brooklyn, New York The school was founded in 1957 by the Xaverian Brothers. The school is a member of the Catholic High School Athletic Association . Xaverian is governed by a president and board of trustees...

 as salutatorian
Salutatorian
Salutatorian is an academic title given, in the United States and Canada, to the second highest graduate of the entire graduating class of a specific discipline. Only the valedictorian is ranked higher. This honor is traditionally based on grade point average and number of credits taken, but...

 of his class, he attended The College of William and Mary. There, Wone met Joseph Price, then a senior, in the 1992–93 academic year. Wone and Price shared several activities, including an honor society and student government leadership positions, before Price graduated in 1993. During 1993, the Richmond Times Dispatch published an opinion piece co-written by Wone, criticizing a prior Times Dispatch article on William and Mary faculty. Graduating in 1996, Wone then received his law degree with honors from the University of Pennsylvania Law School
University of Pennsylvania Law School
The University of Pennsylvania Law School, located in Philadelphia, Pennsylvania, is the law school of the University of Pennsylvania. A member of the Ivy League, it is among the oldest and most selective law schools in the nation. It is currently ranked 7th overall by U.S. News & World Report,...

 in 1999. He subsequently served as law clerk to Judge Raymond A. Jackson of the Federal District Court for the Eastern District of Virginia
United States District Court for the Eastern District of Virginia
The United States District Court for the Eastern District of Virginia is one of two United States district courts serving the Commonwealth of Virginia...

. Wone later worked in real estate law for six years as an associate with the Washington, D.C., firm of Covington & Burling
Covington & Burling
Covington & Burling LLP is an international law firm with offices in Beijing, Brussels, London, New York, San Francisco, Silicon Valley, San Diego, and Washington, DC. The firm advises multinational corporations on significant transactional, litigation, regulatory, and public policy matters...

. As part of his public service responsibilities with the law firm, Wone served as the general counsel for the Organization of Chinese Americans
Organization of Chinese Americans
Founded in 1973, the Organization of Chinese Americans is a national organization dedicated to advancing the social, political, and economic well-being of Asian Pacific Americans in the United States...

 (OCA). In June 2003, Wone married Katherine Ellen Yu, and the couple lived in Fairfax County. In July 2006, about one month before he was killed, Wone left Covington & Burling and was hired as general counsel for Radio Free Asia
Radio Free Asia
Radio Free Asia is a private, nonprofit corporation that operates a radio station and Internet news service. RFA was founded by an act of the US Congress and is operated by the Broadcasting Board of Governors . The RFA is supported in part by grants from the federal government of the United States...

. Wone was very active within the Asian American
Asian American
Asian Americans are Americans of Asian descent. The U.S. Census Bureau definition of Asians as "Asian” refers to a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, for example, Cambodia, China, India, Indonesia, Japan,...

 community, supporting organizations including the OCA and the Museum of Chinese in the Americas
Museum of Chinese in the Americas
The Museum of Chinese in America is a museum in New York City which exhibits Chinese American history. Founded in 1980 in New York City's Chinatown, the museum began as the New York Chinatown History Project by historian John Kuo Wei Tchen and community resident and activist Charles Laiand to...

. At the time of his death, he was president-elect of the Asian Pacific American Bar Association.

External links

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