Case Acquitted: Judge Says Detective’s Conflicting Testimony in Homicide Trial Is ‘Concerning’

By Sophie Griggs [former] - November 7, 2023
Daily Stories | Homicides | Shooting | Suspects | Victims |

This case was acquitted on Nov. 15, 2023.

On Nov. 6, DC Superior Court Judge Anthony Epstein said a detective’s apparently contradictory testimony in a murder trial is “concerning.”

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 in a parking lot near an apartment complex on the 1800 block of Gainesville Street, SE, on May 24, 2020. 

Defense attorney, Jason Tulley, argued the lead Metropolitan Police Department (MPD) detective had an eyewitness’s phone number “on day two” of the investigation, yet did not interview him until roughly four months later.

The detective agreed–however, he said he had no contact information for the witness during Austin’s preliminary hearing in September 2020.

“Your initial testimony was not correct,” said Tulley given the detective’s previous claim that there were no eyewitnesses.  The detective didn’t elaborate saying only he gave a different version to the grand jury.

“His testimony at the preliminary hearing is concerning,” said Judge Epstein in relation to the apparent change from the detective’s earlier account.

Tulley also questioned the detective’s account of one witness’s testimony and said another witness was turned up by accident.

According to the defense, there were fingerprints found near the incident, as well as an individual who was reportedly near the scene wearing a GPS ordered monitor. The detective did not follow up on either lead.

Meanwhile, the detective said shell casings recovered from this incident were a potential match to another incident in July 2021 where Austin was not a suspect.

The detective also said there was no forensic testing done on the shell casings, but he said in the grand jury hearing that testing was done and it was inconclusive–another apparent contradiction.

Another detective from the Metropolitan Police Department (MPD) continued his testimony from Nov. 2. 

According to the detective, he recovered text messages and internet search history from Austin’s girlfriend’s phone. The search history contained phases like “shooting on Gainesville Street” from soon after Kinney’s murder.

During cross-examination, the detective testified that he did not see a photo of what Austin was wearing the day of the incident, and the defense argued that he did not follow-up on surveillance video of a black vehicle leaving the scene soon after the shooting.

A deputy medical examiner testified Kinney died from “several fatal wounds”

Before resting their case, the prosecution called a graphics specialist from the U.S. Attorney’s Office who confirmed surveillance clips depict a group gathered in the front of the crime scene. A few seconds later, gunshots are heard, and a car leaves. In another clip, a vehicle a similar vehicle arrives at Austin’s mother’s complex. 

The lead detective’s testimony will continue on Nov 7.