Case Acquitted: State Troopers Stop Homicide Defendant on Night of a Murder

By Izabella Apodaca [former] - November 5, 2023
Daily Stories | Homicides | Shooting | Suspects | Victims |

This case was acquitted on Nov. 15, 2023.

On Nov. 1 prosecutors called more witnesses 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 murder of 26-year-old Kayvon Kinney on May 24, 2020, on the 1800 block of Gainesville Street, SE.

The prosecution began by calling Austin’s romantic partner who explained on the night of the incident there was an altercation between Austin and Kinney but Austin was not the aggressor and continued to move away from Kinney every time Kinney came towards him.

She stated that at the end of the argument she went into the house with her mother and Austin did not follow her. She explained that five-to- ten minutes after entering the house she heard gunshots. She told prosecutors she has known Austin for five-to six- years and has never seen him with a gun or known him to own one.

She said she assumed that Austin went home as he normally did. 

When questioned by defense counsel, Jason Tulley, she was asked how Austin normally acts around guns. The witness stated that Austin was sensitive to loud noises and never reacted well to gunshots. She stated, “Gunshots freak him out,” therefore she did not think Austin could be involved when she heard the gunshots that night.

The prosecution also called a Maryland State Trooper who stopped Austin on Interstate- 270 north for speeding after the shooting had occurred. The witness stated that Austin was going 75 miles-per-hour, 25 miles-per-hour over the posted speed limit. The trooper issued Austin a citation.

Subsequently, a Pennsylvania State Trooper testified he conducted a traffic stop on Austin on Road 234 at 4:30a. m. for not turning off his high beams when another car was approaching. 

The trooper searched the car but didn’t find a gun.

Austin’s vehicle was impounded by the Pennsylvania State Police and picked up by the Metropolitan Police Department (MPD) months after the incident and after Austin’s arrest.

The final prosecution witness was an MPD detective testifying about the argument that led to the shooting. 

The detective says that surveillance video shows when Austin and Kinney were arguing, Austin was wearing an orange hoodie and an individual fleeing the scene was carrying what appears to be an orange article of clothing.

During cross examination, Austin’s attorney, William Alley, pointed out that right after the gun shots, a black vehicle is seen leaving the scene from a different side of the street where the shooting took place. 

The detective stated that he failed to note that vehicle in his initial report of the surveillance footage. 

Trial is set to resume Nov. 2.