D.C. Witness: State Troopers Intercept Homicide Defendant on the Night of a Killing

On November 5, 2023, Izabella Apodaca reported on Daily Stories about homicides, shootings, suspects, and victims. The article is divided into sections for easy navigation.

Witnesses in a 2020 homicide case were called to testify before DC Superior Court Judge Anthony Epstein on November 1st by prosecutors.

28-year-old Michael Austin faces charges of first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict. These charges stem from his alleged role in the May 24, 2020 murder of 26-year-old Kayvon Kinney on the 1800 block of Gainesville Street, SE.

During the trial, the prosecution presented Austin’s romantic partner as their first witness. According to their testimony, on the night of the incident, there was a confrontation between Austin and Kinney. However, Austin was not the instigator of the altercation and repeatedly tried to move away from Kinney every time Kinney approached him.

According to her statement, as soon as the argument ended, she went inside the house along with her mother, but Austin didn’t follow them. She further added that after about five to ten minutes of entering the house, they heard gunshots. During the questioning, she mentioned that she has been acquainted with Austin for almost five to six years and has never witnessed him with a gun or known him to possess one.

According to her, Austin followed his usual routine and went home.

During the cross-examination by Jason Tulley, the witness was asked about Austin’s behavior around firearms. In response, she revealed that Austin was particularly sensitive to loud noises and would typically not react well to the sound of gunshots. She went on to state that due to his aversion to gunshots, she did not believe that Austin could have been involved in the incident on the night she heard the gunshots.

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During the trial, the prosecution presented a testimony from a Maryland State Trooper who pulled over Austin on Interstate-270 North for exceeding the speed limit after the incident of the shooting. The trooper reported that Austin was driving at 75 miles-per-hour, which was 25 miles-per-hour over the posted speed limit. As a result, the trooper issued Austin a citation.

At 4:30 a.m., Austin was pulled over by a Pennsylvania State Trooper on Road 234 for failing to turn off his high beams when another vehicle was approaching. During the trial, the trooper provided testimony regarding this traffic stop.

Upon searching the car, the trooper failed to discover any presence of a firearm. The Pennsylvania State Police impounded Austin’s vehicle, which was later picked up by the Metropolitan Police Department (MPD) several months after the incident and Austin’s subsequent arrest. An MPD detective, who testified about the argument that resulted in the shooting, was the last witness presented by the prosecution.

According to the detective, the surveillance footage reveals that during the altercation between Austin and Kinney, Austin was donning an orange hoodie. Furthermore, it appears that the unidentified individual who was seen running away from the scene was holding onto what seems to be an orange piece of clothing.

While being cross-examined, Austin’s lawyer, William Alley, highlighted the fact that a black vehicle was observed leaving the area shortly after the sound of gunshots. Interestingly, the car was seen departing from a different side of the street than where the shooting actually occurred.

In his initial report of the surveillance footage, the detective admitted that he had neglected to include that particular vehicle. The resumption of the trial is scheduled for November 2.

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