The two testified during Johnny Lee Brown III’s trial for the murder of Ja’Mall Kitchens.
MUSKEGON, MI – As homicide victim Ja’Mall Kitchens‘ family mourned and frustrated detectives followed one dead-end after another, two young men kept their „mouths closed“ as the accused murderer told them to, according to testimony in court Thursday.
Nicholas Kissling and Nicholas Vasquez took the stand in Muskegon County Court and said Johnny Lee Brown III, the man they were with that night, was the one who fired a single shot across a five-lane road and „dropped“ Kitchens where he stood.
Brown is on trial for murdering 19-year-old Kitchens in April 2016. Kissling and Vasquez face trial next month for conspiracy to commit armed robbery in connection to the Kitchens case.
Trial begins in murder of teen who was walking along Muskegon street
A Muskegon Police detective testified Thursday, Jan. 18, that when Brown was arrested, he confessed to shooting Kitchens. The defense is expected to argue it was self-defense.
The prosecution alleges that Kitchens died as the result of the armed robbery conspiracy, though neither Kissling nor Vasquez said Kitchens was approached for money or even spoken to other than shouts across the Laketon Avenue thoroughfare.
One of them, either Brown or Vasquez, yelled at Kitchens „Who is you?“ to which Kitchens responded — Vasquez said with „It’s Mall, who the f–are you?“ — before the single shot rang out, Kitchens fell, and the trio scattered, according to the witnesses.
Kissling, Vasquez and Brown had been talking about robbing someone as they hung out in front of Brown’s mother’s home near McIlwraith and Laketon that night, both witnesses testified. That’s when they saw Kitchens walking across the street – about 40 feet away according to a police officer — and the brief exchange occurred before the fatal shot was fired, they said.
Later, when Vasquez, Kissling and Brown stopped running, Kissling and Vasquez both asked Brown why he shot Kitchens, Kissling testified. He didn’t indicate they got an answer. The three split up that night, with Kissling saying he hid for two hours under a tarp in a stranger’s backyard.
Who killed Ja’Mall Kitchens? Teen’s family struggles to find an answer
Starting the next day and several other times when they met up, Brown warned the two to keep „their mouths closed,“ and they agreed, Vasquez and Kissling said.
„He told me if anyone told, he was coming at our heads… He was going to kill us,“ Kissling testified. „I told him I wouldn’t tell.“
Police were stumped by the seemingly unprovoked murder of Kitchens when, eight months later, a rumor led Muskegon Police Detective Keith Stratton to Vasquez, Stratton testified.
Vasquez at first denied involvement, then implicated a man he called „Johnny Moore“ who they later determined, through Facebook, was Johnny Brown, Stratton testified. Vasquez told Stratton Kissling was there too, and Kissling also at first gave Stratton varying stories, according to testimony.
Vasquez and Kissling testified for the prosecution, and admitted they hoped it would result in some leniency when they face trial Feb. 22 for conspiracy to commit armed robbery.
Kissling testified that when they saw Kitchens that night, Kitchens was pacing on Laketon, his hands in his pants, like he had a gun. Kissling said it didn’t particularly concern him.
Under questioning, Vasquez denied that he told Stratton the same thing about Kitchens perhaps having a gun, and said Kitchens hands were visible. But he later conceded he may have told the detective about Kitchens‘ hands in his pants.
Vasquez also initially told Stratton that Kitchens had yelled across Laketon that night „On fours, you’re all dead,“ Stratton testified, explaining that „on fours“ refers to gang turf.
No weapon was found on Kitchens, several police officers testified.
A single 40-caliber bullet casing was found by investigators the night of the shooting on the south side of Laketon near McIlwraith and Brown’s mother’s home, police testified.
The gun that fired that bullet was later recovered from another man’s car during a traffic stop, Stratton testified. Police determined that man was not involved in the homicide, and he indicated he got the gun from another man who police were unable to locate, Stratton said.
Kissling testified that Brown gave the gun to Vasquez the night of the shooting and that Vasquez hid it in some bushes. But Vasquez said Brown never gave him the gun.
When he was arrested at his grandfather’s house on Washington Avenue, Brown at first denied shooting Kitchens, Stratton testified. But after about 20 minutes, he admitted „he did in fact shoot Ja’Mall Kitchens,“ and then he wept, Stratton said.
„He explained to me he felt remorse… The human in him came out in the latter part of that interview,“ Stratton said.
When asked if robbery was involved in the shooting, Brown said there had been no intent to rob Kitchens that night, the detective said.
