BROOKLYN, N.Y. — The Brooklyn District Attorney’s Office announced Tuesday it will move to vacate the conviction of Brian Kendall, a 55-year-old man who served nearly 16 years in prison after pleading guilty to a 1988 manslaughter charge in the fatal shooting of a game room employee in Flatbush.
District Attorney Eric Gonzalez said a reinvestigation by the office’s Conviction Review Unit found that Kendall’s long-standing account — that he witnessed the shooting and chased the gunman — is likely true. The original case, which involved conflicting eyewitness accounts and withheld evidence, led Kendall to accept a plea deal in 1989 amid fears of a life sentence. He was released on parole in 2004.
“Our system failed Brian Kendall when he was encouraged to plead guilty to a horrific crime without a full understanding of the evidence against him,” Gonzalez said. The CRU found that other eyewitnesses supported Kendall’s version of events, police radio transmissions indicated multiple people chased the shooter, and key information was never disclosed to the defense.
Key Points
- Brian Kendall served nearly 16 years in prison after pleading guilty to a 1988 manslaughter charge
- A reinvestigation concluded there is a reasonable probability Kendall was not involved in the shooting
- Brooklyn DA is moving to vacate the conviction and dismiss the indictment
Kendall, who was 17 at the time of the incident, was convicted largely on two conflicting witness accounts. One of those witnesses later received leniency in an unrelated case, and the other was unavailable for trial. Despite maintaining his innocence, Kendall admitted guilt in parole hearings to gain release.
The CRU reviewed original police reports, dispatch audio, and witness interviews, including with the nephew of the victim, who said, “I think you got the wrong guy.” Kendall is expected to appear via video before Brooklyn Supreme Court Justice Matthew D’Emic.
This would be the 41st conviction vacated by the CRU since its formation in 2014.