Suspect in Kaylin Gillis’ shooting to argue for chance to post bail
The man accused of shooting and killing Kaylin Gillis – the young woman who was a passenger in an SUV that had mistakenly driven into his driveway – will be back in court Thursday. Kevin Monahan will ask a Supreme Court judge for the chance to post bail.
When Monahan was in court on April 19, he was sent back to jail without the opportunity to post bail.
Monahan is charged with second-degree murder in the shooting death of Gillis.
NewsChannel 13 obtained a copy of the argument the District Attorney will make Thursday morning to keep Monahan in jail without bail.
Thursday’s hearing will asks a Supreme Court judge to overrule County Court Judge Adam Michelini, who remanded Monahan to bail, finding that he was a flight risk based on the seriousness of the allegations.
The judge abused his discretion and he should have set a reasonable bail amount, Defense Attorney Kurt Mausert said, writing to the higher court:
“Even if this Court finds that Judge Michelini did not abuse his discretion in finding that Kevin Monahan poses a risk of flight to evade prosecution, Judge Michelini abused his discretion in failing to “select the least restrictive alternative…that will reasonably assure the principal’s return to court.”
District Attorney Jordan countered in his written response that he will make in person Thursday that the judge made exactly the right decision.
“The decision to remand the Defendant was not an abuse of discretion,” wrote Jordan. “The Defendant faces a strong likelihood of being sentenced to life in prison. He fired a shotgun at a car that was driving away from Defendant’s home, killing Kaylin Gillis.”
County Court exercised its discretion and denied the Defendant bail because of the nature of the charges, the use of a firearm, and the harm caused.”