NEW ORLEANS (WGNO) –– More than five years after the murders of Darnisha DeSilva and her fiancé, Gregory Heisser III, a jury unanimously found Kenneth Augustine guilty of two counts of second-degree murder, two counts of obstruction of justice and one count of being a felon in possession of a firearm.
According to court evidence, on Oct. 9, 2018, Augustine arrived at the home of DeSilva and Heisser in a gray four-door car with his mother, two sisters and nephews. Witnesses testified that Augustine approached the home with a gun, shot Heisser, chased DeSilva through the house to a back bedroom and shot her. Augustine then left in the car with his mother, one sister and nephews. He later turned himself in to police.
The trial faced several delays over the years. Three adult witnesses from the DeSilva family, who were set to testify, died of COVID-19 before the trial. Orleans Parish District Attorney Jason Williams said Augustine “was prepared to plead guilty when they were alive, and when they were no longer available, he thought he would play chicken with the court.”
Originally set to start on Monday, the trial was further delayed when no jurors were available, forcing Judge Benedict Willard to reschedule jury selection for the next morning.
The court called 60 potential jurors to be questioned by prosecutors and defense attorneys in a process known as voir dire, which allows attorneys to identify any jurors with a personal connection to the case or biases that would prevent them from serving fairly. A group of 12 jurors and two alternates was eventually selected.
Throughout the trial, jurors heard testimony from twelve witnesses, including eyewitnesses and experts involved in the initial investigation. The prosecution submitted over 20 pieces of evidence, including crime scene photos, security video, 911 calls, a recording of a jail call between Augustine and his father and a child’s blood-stained shirt.
During closing arguments, the prosecution emphasized the terror experienced by the victims and young witnesses. They asserted that Augustine’s actions were premeditated and deliberate, urging the jury to consider all charges and evidence to reach a verdict of guilty as charged.
The defense argued that the situation was complex and that the prosecution’s narrative was overly simplistic. They noted that the presence of Augustine’s family members, including his mother and young children, contradicted the notion of premeditated murder. The defense suggested that an earlier altercation involving pepper spray triggered a defensive response from Augustine. They also questioned the accuracy of the young witnesses’ testimonies and claimed the prosecution failed to prove Augustine’s specific intent to kill beyond a reasonable doubt.
In rebuttal, Williams argued that the evidence clearly pointed to Augustine’s guilt. He highlighted the impact on the victims’ families, especially the children left behind. Williams refuted the defense’s claims of self-defense and provocation, stating that Augustine and his family could have left if they felt threatened. He concluded by urging the jury to find Augustine guilty on all charges.
Willard then explained the deliberation process and the charges to the jury. After about an hour of deliberation, the jury returned with a unanimous verdict, finding Augustine guilty on all charges.
“This family has suffered unimaginable grief, in terms of what Kenneth Augustine did to this couple, in their home, in front of their three children,” Williams said.
Second-degree murder carries a life sentence. Augustine will spend the rest of his life in prison.
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