Opening statements, first witnesses heard in Kevin Monahan trial

FORT EDWARD, N.Y. (NEWS10) -- Jurors heard opening statements in the murder trial for Kevin Monahan. The Washington County man is charged with second-degree murder, reckless endangerment and tampering with physical evidence in the shooting death of Kaylin Gillis. Gillis was a passenger in a car that mistakenly turned around in Monahan's driveway in April 2023.

During his opening argument, First Assistant District Attorney Christian Morris laid out a case stemming from events that took just under five minutes, painting Monahan as a man who lied to police and carelessly fired a shotgun at a group of people turning around in his driveway.

“I wish they’d get out of my yard so I can go back to bed, those were the words of Kevin Monahan to the 911 operator about the police that were in his driveway after he shot and killed Kaylin Gillis," Morris said.

Morris said that phone call to 9-1-1 is important and details Monahan's reaction as police questioned him and told him a young woman, Gillis, was shot and killed.

“This is after he shot a vehicle and Kaylin Gillis is now dead," Morris said. "‘There’s been some guys hunting with dogs at night, maybe that’s it.’ So in response to being told the police are there for a noise complaint, that’s his response.”

Morris laid out a timeline of events, just under five minutes, that caused the death of a 20-year-old loved by her community and family. Morris said Gillis, her boyfriend and a group of friends were looking for a friend's house and mistakenly turned onto Monahan's driveway. As they realized and began to turn around, Monahan allegedly fired a shotgun twice, one of those bullets went through the Ford Explorer where Gillis was a passenger and then went through her neck. Her friends called 9-1-1 in the Village of Hebron to get help, but she was pronounced dead when they arrived.

Morris also pointed to issues with Monahan's shotgun. Investigators were unable to find shells and other evidence normally produced when you fire a shotgun, leading them to believe Monahan allegedly tampered with the gun and concealed evidence after he used it.

“You’re going to hear that there was no gunshot residue in the barrel, no fingerprints, a lack of DNA in the trigger, no gunshot residue in the barrel, you’re going to find out they don’t have the shot shells," Morris said.

Defense Attorney Arthur Frost, representing Monahan, painted a different picture.

“This was a terrible accident," Frost said. "Somebody should realize that by now.”

Frost said the second shot fired by Monahan was the result of a defective gun that went off when he stumbled while walking towards his front door and he has an expert from the New York State Police ready to prove that.

“This gun is defective," Frost said. "It’s broken, it malfunctions, it will shoot even when no one pulls the trigger.”

Frost said an old man and his wife, scared by the sound of unknown vehicles near their home and trying to protect themselves, is at the heart of this case.

“Fear is probably the most primitive emotion that we have, it has one job, to keep you alive," Frost said.

Frost, in closing, said the community was diminished by Gillis' loss and asked the jury to consider Monahan's actions were not evil, but instead a mistake.

“You will have to decide, did he act with an evilness, a wickedness, a wantonness, a heinous disregard for the value of human life or was he a dumb, scared old man with a defective gun,” Frost asked.

The courtroom was full of family members, including Andrew Gillis, who has been a consistent advocate seeking justice for his daughter, and supporters of the Gillis family.

Following opening statements, Morris called Kelsey Carpenter, a Washington County 911 Center Call Operator, to testify. She took a call from Gillis' friends and that call was played for the courtroom. In that call, her friends said "we're trying to find a hospital," "we think she got shot in the neck" and "we definitely drove up the wrong driveway." During the call, Gillis' father left the courtroom and other family members and jurors were emotional.

During that time, Monahan's neighbors were calling 911 reporting gun shots and two cars and a motorcycle driving up the road.

Carpenter also took a call from Kevin Monahan after police arrived to his house. He said there were cars in his driveway and lights shining into his home. Carpenter said she was instructed to tell Monahan they were investigating a noise complaint and Monahan said he did not want to speak to the police outside.

"Is he going to be there much longer," he asked.

Carpenter asked Monahan if he heard any noise that night or cars traveling up the road. Monahan told Carpenter he did not hear anything and was asleep for most of the night.

"I wish they would get out of my yard so I can go to bed," Monahan said.

Jinx Monahan, Kevin Monahan's wife, also took the stand. She testified about her recollection of what happened April 15, 2023.