Case Acquitted: In Opening Statement, Defense Argues There is Little Evidence in a Homicide Trial

By Sophie Griggs [former] - October 25, 2023
Daily Stories | Homicides | Shooting | Suspects | Victims |

This case was acquitted on Nov. 15, 2023.

On Oct. 24, DC Superior Court Judge Anthony Epstein and the jury listened to opening statements from the prosecution and the defense in a homicide trial. 

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. 

During the prosecution’s opening statements they said Austin was seen by multiple eyewitnesses, “running away because he killed Kayvon Kinney” and described to jurors Austin’s alleged movements with a map featuring an overhead view of the crime scene.

Austin’s defense attorney, Leo Alley, responded saying “Austin did not shoot Kayvon Kinney” and that this is “a case with a lack of evidence”. Alley also argued the eyewitness descriptions did not match what Austin was wearing at the time and that the police failed to follow up with eyewitnesses until months later.

Prosecutors called a detective who recounted that she was the first to check Kinney to see if he had a pulse and she preserved the shell-casings found at the scene. In cross-examination, the defense asked the detective if she had talked to any witnesses besides Kinney’s girlfriend, but acknowledged she had not.

Prosecutors then called Kinney’s girlfriend who testified that Kinney and Austin got into a dispute and Austin asked her and others at the scene to go inside. The girlfriend claimed she never saw Kinney or Austin with a firearm at any point. 

Due to time constraints,  Kinney’s girlfriend was unable to finish her testimony.

The trial will continue Oct. 25.