FLAGSTAFF, Ariz. — A 33-year-old transgender woman charged with aggravated assault in Flagstaff was freed Monday evening after spending nearly three weeks behind bars.
“This fight is just beginning,” said Epona Rose, a self-described activist for indigenous and transgender rights. Rose drank a Kombucha and smoked a cigarette during an impromptu celebration with supporters outside the Coconino County jail.
Assault case rallies transgender rights community
Rose’s release was made possible after a judge overseeing her criminal case lowered the bail amount on Monday from $500,000 to $10,000. Flagstaff police initially arrested Rose for attempted second-degree murder for an Aug. 10 incident in which Rose is accused of attacking two men with bear spray and a pocket knife. Rose claims she acted in self-defense. A grand jury indicted Rose for two lower counts of aggravated assault and three misdemeanor charges. Police labeled the men victims in the case.
“We’re 100% focused on defending her in court,” said defense attorney Ryan Stevens, who represents Rose. “Not all of the facts of this case are out there yet.”
During a time of elevated debate in the U.S. over transgender rights and treatment, the case has struck a nerve in the community. About two dozen protestors outside Coconino County Superior Court Monday decried the charges against Rose. They believe her version of events about what took place on the evening of Aug. 10.
“If a cis-woman pepper sprayed and fought back against a group of drunk men harassing her, I don't believe for a second they would have gotten this far in prosecution,” said Nathan, a Flagstaff teacher who attended Monday’s protest.
“I recognize that my client comes from a unique set of circumstances and a unique background. And those circumstances and that background may have played into the case itself, factually,” Stevens said.
Dispute over facts of the case
When police responded to the incident on Aug. 10 in downtown Flagstaff, they found two men wallowing in pain from a bear spray attack, one of them also bloodied after he suffered a knife wound to his hand that required fifteen stitches. For her part, Rose suffered a cut on her forehead. Exactly what prompted the confrontation between Rose and the men is disputed, and the lone independent witness not involved in the melee told police she only saw a portion of what happened. Several other potential witnesses described by one woman as transients, had apparently left the scene by the time police arrived.
Given the available evidence documented by Flagstaff Police, a grand jury signed off on the aggravated assault and misdemeanor charges against Rose.
Timeline of alleged events
Around 8:30 p.m. on Aug. 10, Rose interacted with a group of 6 or 7 men at Heritage Square in downtown Flagstaff.
“She was very vulnerable. She was alone among several people,” said Stevens. “She was definitely not looking for trouble that night.”
Versions of what happened next differ between Rose and the two alleged victims.
Rose told police the men wanted to fight her because she is transgender. She said at one point two of the men “took an aggressive stance” towards her, prompting her to grab mace from her bag. She sprayed the men and put one of them in a choke hold, she told police.
The two men told police they did not provoke Rose. One of the men said he made a comment about her boots. He described brief comments exchanged between Rose and the group that he said did not amount to harassment. He said Rose was the agitator, alleging she walked away and then returned several times to talk to the group.
He alleged Rose brought up the subject of her sexual identity but the men did not. They did not want to talk to her and tried to ignore her, one of the men said. They claim Rose, without provocation, head-butted one of the men, sprayed them with mace and put a knife to one of their throats. The man who was in a chokehold told police Rose said “you will die today” while holding a knife against his throat.
He “grabbed the blade of the knife with his left hand” and suffered a deep cut when Rose swiped the knife away, according to court records.
Asked about the knife during an interview, Rose stopped answering questions to police. She later told 12 News she could not comment about details of the case on the advice of her attorney.
A witness speaks to police
A woman working across the street from the public square where the clash occurred told police she heard the commotion and saw “a man dressed as a woman” arguing with a group of men who “appeared to be homeless.” The witness told police she did not see the men physically provoke the defendant before the defendant began spraying them with mace. While spraying mace, the defendant yelled, “you want to see violence! You want to see aggression; this is aggression; this is violence,” the witness told police.
The woman told police she did not continue watching the entire ordeal play out.
Police scoured nearby businesses for surveillance video that may have captured the incident but they were unsuccessful, according to police records.
According to friends, Rose claims one of the alleged victims also touched her without her consent. Rose did not make that allegation during her brief comments to police, according to police records.
“I don’t know how she could be held responsible for someone else putting their hands on her non-consensually. I'm proud of her that she didn't let nobody hurt her,” said Vistonie, a friend of the defendant.
Nonprofit bails out rose
The defendant’s birth name cited in court records is Leland Wesson. During Monday’s court hearing the prosecution and Superior Court Judge Joshua Steinlage agreed to refer to Rose by she/her pronouns and the name Epona Rose.
According to court records, Rose is unhoused by choice and travels across the country advocating for marginalized individuals.
A nonprofit that supports indigenous and marginalized individuals paid the bond needed for Rose’s release. Under terms of release, she is required to appear at every court hearing and remain in Arizona.
One of the officers wrote that Rose appeared to become angry while he was with her during questioning.
“Just my referring to Wesson as ‘him’ was enough to cause an instantaneous and very angry response. He stated, ‘Her! My sex is her on my identification! It’s female. This is the whole problem… That’s why they attacked me!'” the officer wrote.
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