This case was acquitted on Nov. 15, 2023.

On Nov. 8, parties provided closing statements for a 2020 homicide case in front of DC Superior Court Judge Anthony Epstein. 

Michael Austin, 29, 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 murder of 26-year-old Kayvon Kinney on May 24, 2020, on the 1800 block of Gainesville Street, SE.

Starting their closing arguments, prosecutors told the jury, “We’re asking you to use your common sense about what happened in this case”. 

Prosecutors displayed a video of the argument between Austin and Kinney, where an unidentified person can be heard stating, “Mikey, no! Stop.” They argued the video footage, along with the testimony of multiple witnesses, were the key pieces of evidence in this case. 

Displaying another video, prosecutors showed Austin arriving at a retirement home where his mother worked, alleging she was helping him in the aftermath of the shooting. Prosecutors narrated the video, displaying Austin leaving the building while his mom exited a different way as she went to unlock her car. 

Prosecutors alleged Austin’s mom was attempting to hide the license plate of the car from cameras by angling it away from them. They also argued she appeared to conceal a firearm in a plastic bag before getting back into the car.

Austin’s defense attorney, Jason Tulley, argued there is a complete lack of evidence showing that Austin was the shooter. 

According to Tulley,  eyewitness testimony described the shooter as wearing “blue jean shorts, not wearing a hat, had a short fade, and was clean shaven”. Tulley displayed a picture of Austin at the time of the incident and explained that Austin had a beard, glasses, and hair that did not resemble a fade.

Tulley also emphasized that the investigation was poorly conducted by the Metropolitan Police Department (MPD), specifically emphasizing  that Austin was arrested before any description of the shooter was actually given to detectives. 

According to Tulley, “leads were ignored, and not followed.” He stated that eyewitnesses of the shooting were not found until four months after the incident, with one individual found by accident two years later, whose description didn’t match Austin’s physical appearance. 

Tulley argued that the video showing Austin running to his car after the gunshots does not make him guilty, insisting he was attempting to flee for his own safety. 

Lastly, Tulley described the National Integrated Ballistic Information Network (NIBIN) report that was given to detectives during the investigation,  which stated that there was a “significant potential that the firearm used in this shooting was involved in another shooting,” which is alleged to have occurred after Kinney’s death. According to Tulley, the report indicated the probability was substantial and “an investigation is warranted”.

Despite the information received in the NIBIN report, detectives failed to investigate the lead any further, even though Austin was known to be nowhere near the second incident that potentially involved the same gun. 

Tulley advised the jury, “Don’t be fooled,” claiming that Austin left the scene because there was a shooting and there is no evidence that actually places Austin in the back parking lot, where the shooting occurred. 

Tulley requested the jury find Austin not guilty of all charges. 

During their rebuttal, prosecutors argued a witness had testified the shooter appeared to be left-handed, and remarked that Austin had been writing with his left hand for the entirety of the trial, and signed MPD documents with his left hand during his interviews. 

In reference to the defense’s argument that Austin’s mom was an alcoholic and was concealing alcohol in her car rather than a gun, prosecutors argued the defense was, “throwing her under the bus”. 

Prosecution also pointed out that surveillance footage displays Austin’s mom wearing a mask and gloves after her son arrives, which she wasn’t wearing previously. Prosecutors argued this would correlate to her wrapping up a gun rather than concealing alcohol. 

Closing their argument, prosecutors stated “Kinney, at the age of 26, was shot eight times for an argument”.

The jury has started their deliberations and are expected to continue for the next few days.

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.