Daily Voice
By Michael Mashburn From Daily Voice
An upstate New York homeowner sentenced to decades in prison for fatally shooting a young woman in his driveway is formally appealing his murder conviction.
In a Washington County Court filing Tuesday, Aug. 12, attorneys for Kevin Monahan, 66, argued his trial was riddled with legal errors and that prosecutors failed to prove he acted with the extreme disregard for human life required for a murder conviction.
Monahan is currently serving 25 years to life for fatally shooting 20-year-old Kaylin Gillis outside his Hebron home in April 2023, as Daily Voice reported.
What They're Claiming
In court papers, Monahan’s attorney claims the evidence presented at trial was insufficient to support convictions for depraved indifference murder, reckless endangerment, and tampering with physical evidence.
They argue his actions were consistent with an accident, not an intentional or indiscriminate shooting.
The appeal centers on several alleged errors. Defense attorneys say the trial judge wrongly refused to instruct jurors on criminally negligent homicide as a lesser charge, which they argue would have aligned with the defense’s position that the shotgun discharged accidentally.
They also contend the judge should have declared a mistrial after jurors were exposed to information about Monahan’s contact with his defense attorney in violation of a pretrial order, which they say created “incurable prejudice.”
The filing further accuses prosecutors of misconduct during closing arguments, claiming they misrepresented evidence, appealed to jurors’ emotions, and improperly shifted the burden of proof onto Monahan. His attorneys maintain these remarks deprived him of a fair trial.
The Night of the Shooting
Gillis and three friends mistakenly drove into Monahan’s rural driveway late on the night of April 15, 2023, while looking for a friend’s home.
As the group was turning to leave, Monahan fired two shots from a 12-gauge shotgun, striking Gillis. She died at the scene.
At trial, Monahan’s defense argued he and his wife felt threatened and that the fatal shot was unintentional, coming after a warning shot into the air.
Prosecutors countered that the shooting was an unprovoked act that showed a complete disregard for human life.
Jurors deliberated for just two hours before convicting Monahan in January 2024.
Gillis, a 2021 Schuylerville High School graduate, was remembered by teachers and friends as a gifted artist, cheerleader, and “the glue” of her family.
WKYT