Case Acquitted: Descriptions of Confrontation Between the Victim and the Accused in a Murder Trial

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This case was acquitted on Nov. 15, 2023.

On Oct. 25, prosecutors questioned a key witness in a 2020 homicide case before DC Superior Court Judge Anthony Epstein.

Michael Austin, 28, is 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 fatal shooting of 26-year-old Kayvon Kinney on the 1800 block of Gainesville Street, SE, on May 24, 2020.

The prosecution called Kinney’s romantic partner up to the stand and questioned her about the early morning murder. The witness explained Kinney and Austin had gotten into a dispute regarding Kinney’s feeling offended by comments Austin made about the witness.

According to the witness, Kinney wanted to fight Austin. The witness said that Kinney said, “I want to fight with these hands!”. The witness also said that Austin attempted to ignore him. She described Kinney as being persistently eager to fight.

According to the prosecutors, there was another man present Kinney attempted to fight. She said Kinney said, “I’ll fight anyone.”

The prosecution questioned the witness about finding Kinney after he had been shot. She said she heard seven shots in the courtyard of her apartment complex but didn’t see the shooting. Following the sounds of gunfire she found Kinney lying on his back, covered in blood.

The prosecutors played the 911 call that the witness made after finding Kinney unconscious. Listening to the call, the witness became extremely emotional and confirmed that it was her voice.

During cross-examination, Austin’s defense attorney, William Alley, questioned the witness regarding Kinney’s aggressive tendencies. She explained that Kinney had been antagonizing Austin, and was allegedly intoxicated at the time of the shooting.

She also described Kinney as “someone who would get in people’s faces”. Alley also questioned the witness about Kinney’s recent move into her home after his recent release from prison.

The prosecution called two other witnesses, a lead forensic investigator at the Office of the Chief Medical Examiner (OCME), and a forensics crime scene technician from the Department of Forensic Science (DFS). Kinney was dead when they arrived.

Trial is set to resume Oct. 26.

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