Case Acquitted: 2020 Homicide Defendant Acquitted of All Charges After Three Years in Jail 

By Aubree Tomasetti [former] - December 1, 2023
Daily Stories | Homicides | Shooting | Suspects | Victims |

This case was acquitted on Nov. 15, 2023.

On Nov 15. a jury delivered a not-guilty verdict on all charges before DC Superior Court Judge Anthony Epstein following a weeks-long 2020 homicide trial. 

Michael Austin, 29, was charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his alleged involvement in the murder of 26-year-old Kayvon Kinney on May 24, 2020 on the 1800 block of Gainesville Street, SE.

After deliberating for nearly four days, the jury delivered a not-guilty verdict for all charges and the lesser charges including second-degree murder, against Austin, who has been incarcerated for over three years. 

Through the trial, prosecution relied heavily on surveillance footage portraying Austin’s entering his mother’s workplace after the shooting occurred. 

Prosecutors displayed surveillance footage of Austin’s mother appearing to put an object they alleged was a gun into a plastic bag. They also identified Austin’s mother as wearing gloves and a mask, which she was not wearing prior to his visit. 

During closing arguments, Austin’s defense attorney, Jason Tulley, said the descriptions of the shooter differed from the description of Austin. The shooter was described as having “blue jean shorts, not wearing a hat, had a short fade, and was clean shaven,” contrasting Austin’s appearance at the time of wearing glasses, having a beard, and a different haircut. 

Tulley argued prosecution had failed to prove beyond a reasonable doubt that Austin was guilty and told the jury, “Don’t be fooled”. 

Following the verdict, a release order was sent to the jail for Austin in this matter. According to the defense, Austin is also detained as he awaits further proceedings in an unrelated matter.