Judge Holds 5 Defendants During Initial Hearings

By D.C. Witness Staff - July 7, 2020
Court | Daily Stories | Homicides | Suspects |

On July 7, District of Columbia Superior Court Judge James Crowell held five defendants, releasing 19.

Of those released, two did not have charges filed against them.

Michael Austin was held by Judge Crowell. Austin is charged with the second-degree murder of Kayvon Kinney, which occurred on May 24 on the 1800 block of Gainesville Street, SE.

The prosecution asked for a hold, referring to Austin as a “flight risk” because he was arrested in Georgia after visiting his child and former romantic partner in New Jersey. According to Austin’s attorney, Austin had no idea that there was a warrant out for his arrest.

When presented before a judge in Atlanta, Austin was released and ordered to return to DC because the judge found the information of the offense to be largely circumstantial. Austin returned to DC and turned himself into authorities the next day.

“These are not the actions of someone who is guilty,” Austin’s attorney said.

The defense also questioned a lot of the evidence in Austin’s case.

The defense said there was no weapon or video evidence from the alleged shooting. The attorney also said the description of Austin on the night of the shooting varies greatly because Austin does not drive the car that was present at the scene. The shirt that Austin was accused of wearing while committing the crime was never recovered. 

Kinney’s girlfriend was also unable to identify Austin from photographs. 

The defense also brought up some of Austin’s medical issues that could pose problems, including asthma and an actively bleeding stomach ulcer. The issues could be problematic because of the coronavirus while he is being held in DC Jail.

Judge Crowell still held Austin, saying that he cannot guarantee the safety of the community. Austin is scheduled for another hearing on Aug. 19 to discuss the status of his case.

Ambakisye Burrell was also held by Judge Crowell, but only after Burrell openly and willingly refused to comply with his release conditions. Burrell is charged with unlawful entry onto private property. 

Judge Crowell initially agreed to release Burrell so long as he agreed to stay away from the 5th district Metropolitan Police Department precinct.

Burrell immediately started arguing with Judge Crowell, demanding that MPD officers “give him back his property” in order for him to stay away from the precinct. When Judge Crowell stated that Burrell must do this through his attorney, Burrell became even more agitated and stated that, if released today, he would immediately return to the precinct for his belongings.

Judge Crowell decided to hold Burrell after he started screaming about suing the DC government.

A defendant was charged with second-degree child sex abuse. The prosecution requested that he be held because he had previously been on supervised release and re-offended with children.

The defense attorney said the defendant should be released because the victim was unable to identify Morgan and there was no footage to prove that he was the assailant. The attorney said the defendant has been working towards receiving treatment for his sexual offenses.

The prosecution then said the defendant’s last offense had also been in a metro station with a 16 year old, and that prior cases have also included children between the ages of 12 to 16. 

Judge Crowell decided to hold the defendant, saying he believes the defendant would be a danger to the community if he was released.

Judge Crowell cited the defendant’s prior experience with probation, in which he followed children home from schools, masturbated in front of them and tried to get them to have sex with him. 

DeAngelo Wilkins was arrested on a warrant from the state of Maryland on July 7.

The warrant was filed on July 3, and the underlying charge in Wilkins’ case is robbery. Wilkins was already on probation for five years when the warrant was filed. Judge Crowell held Wilkins, agreeing with the prosecution that the underlying charge makes him dangerous to the community.

Finally, Judge Crowell decided to hold another defendant in a fugitive matter. Shaykh Abdul-Majid was arrested on a warrant from Maryland that was issued on July 7. The underlying charge is first-degree assault. 

The prosecution requested a hold, citing the fact that Abdul-Majid also has robbery charges.

Judge Crowell said Abdul-Majid is a danger to the community, deciding to hold him until July 10, the deadline for Maryland officials to retrieve him.

Judge Crowell said that if Maryland officials do not retrieve Abdul-Majid, the matter would proceed in DC court. 

There were five domestic violence cases. One was a violation of a Civil Protection Order (CPO) from 2007 and the defendant was released with a court date in October. The other four domestic violence cases included simple assault, contempt, destruction of property and violation of a CPO. All four defendants were released with stay-away orders.

Two additional defendants were charged with being fugitives from justice. Both defendants were released and instructed to turn themselves in to the respective jurisdictions.

Two co-defendants were charged with unlawful distribution of a controlled substance for allegedly selling crack cocaine to law enforcement personnel during a buy bust. Both defendants were released with stay-away orders from the 1400 block of N. Capitol Street, NW per the prosecution’s request.

There were five misdemeanor cases with charges of simple assault. Three of the defendants had additional charges. All five were released per the prosecution’s request with stay-away orders from the complainants. One defendant also had a CPO issued by the judge.

Two final misdemeanor cases were heard before Judge Cowell. One for an old bench warrant from January 2018. The defendant was released by the judge.

The other defendant was charged with threat to kidnap or injure a person and carrying a dangerous weapon outside a home or business. He was released with instructions to stay away from White House grounds.

One final felony case was heard where the defendant was charged with assault with a dangerous weapon and unlawful possession of a firearm with a prior conviction. The defendant allegedly punched his friend in the face and then shot his car three times. Judge Crowell released him with stay-away orders from the complainant and the associated location.