Case Acquitted: Witness Testified that Victim had ‘Threatened to Fight’ Defendant in Homicide Trial

By Sophie Griggs [former] - November 1, 2023
Homicides | Shooting | Suspects | Victims |

This case was acquitted on Nov. 15, 2023.

On Oct. 31, witnesses recounted events surrounding a homicide 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 fatal shooting of 26-year-old Kayvon Kinney near an apartment complex on the 1800 block of Gainesville Street, SE, on May 24, 2020. 

Prosecutors called Austin’s girlfriend, who testified that she was with Austin, her mother, Kinney, and Kinney’s girlfriend “hanging-out” and “drinking and smoking” on their apartment porch when an “argument” started between Kinney’s and his girlfriend.

According to Austin’s girlfriend, he was trying to “get everyone to chill”, but Kinney started to argue with him. While she testified Kinney did not physically assault anyone, he was “threatening to fight” Austin.

The witness, who still maintains a close relationship with Austin, said “everything had died down” when she returned to her apartment.

The prosecution called another eyewitness from the apartment complex who said he went outside to get a cigarette from his car when he heard a “commotion” and two men walking towards the scene. He described the men as being both “African American” with one wearing “a mask below his chin” and the other with a “short-fade” haircut. The witness heard shots and rushed back to his apartment to check on his children.

Jason Tulley, Austin’s attorney, finished questioning an eyewitness who saw the shooting from her apartment window. During cross-examination, the witness said there was a third person at the scene around the time of the shooting but was unable to provide further details.

The witness’ testimony will continue Nov. 1.