After nearly three years in county jail, all charges – including murder counts – have been dropped against Kendall Adam Austin, 28, of Denver, one of four defendants jailed in the killing of Andrew Graham, 23, who was gunned down in 2009 as he walked home in Arapahoe County. Austin had been jailed since January of 2017 but CBS4 learned Austin was suddenly released last Wednesday, Oct. 2, after Arapahoe County prosecutors filed a motion asking the case be dismissed, due to the lack of forensic evidence and witness statements that could not corroborate his involvement in the murder.
“We no longer have a reasonable likelihood of success at trial and must therefore dismiss this case,” prosecutors wrote to the judge.
I am thrilled we were able to get his case dismissed before more harm was done. That being said, I am saddened for Kendall (Austin) and his family. Kendall was locked up in jail for almost three years while he was facing these false charges.
~ David Fisher
“I knew this would happen,” Austin told his attorney. “I knew they would see the truth eventually. I just had to keep the faith.”
Andrew Graham was shot and killed late on the night of Nov. 5, 2009, as he was returning to his home in Centennial from an RTD light rail station. His body was found the next morning. He had been house hunting in Boulder where he was a graduate student at the University of Colorado. Investigators believe Graham, who was shot in the back, was a robbery target.