Case Acquitted: ‘Use Your Common Sense’ Prosecutors State, as Parties Deliver Closing Arguments in 2020 Homicide Case

By Izabella Apodaca [former] , Aubree Tomasetti [former] - November 9, 2023
Daily Stories | Homicides | Shooting | Suspects | Victims |

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.