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Kevin Monahan, convicted of the murder of Kaylin Gillis, is appealing his conviction and sentence, hoping to overturn the decision. Monahan was found guilty last year of second-degree murder and other charges after shooting Gillis, who was in a vehicle that mistakenly entered his driveway in Hebron, New York. He was sentenced to 26 1/3 to 29 years to life in prison.
Monahan's legal team claims multiple errors occurred during the trial, including prosecutorial misconduct and insufficient evidence to support the conviction of reckless endangerment or depraved indifference to human life. His attorney, Matthew Hug, argues that Monahan's actions did not demonstrate "depraved indifference," as he perceived a threat and fired a warning shot. Monahan testified that the fatal shot was accidental, caused by losing his balance.
The appeal also challenges the judge's refusal to allow the jury to consider a lesser charge of criminally negligent homicide and disputes the tampering with physical evidence charge. The defense argues that the sentence is "harsh and excessive," effectively denying Monahan any chance for parole or reintegration into society.
Prosecutors have a few weeks to respond to the appeal. Washington County District Attorney Tony Jordan expressed confidence in the fairness of the trial and the likelihood that the rulings and sentencing will be upheld.