October 9th, 2015 - Death Investigation of Kaylan Perry

The Jefferson County District Attorney’s Office has reviewed Birmingham Police Department’s investigation into the vehicle wreck that occurred on October 4th, 2015 at 1929 Jefferson Avenue.  That wreck occurred when a car occupied by a driver and a passenger struck a motorcycle driven by Kaylan Kamota Perry, causing Mr. Perry to strike a light pole and resulting in his death.

The materials reviewed include investigative reports from the Birmingham Police Department, witness statements of individuals who came forward during the investigation, and three sets of video footage of different phases of the incident collected by the detective.  We have also gathered information from Huntsville concerning a previous incident involving Mr. Perry.

Concerning the events that occurred in Huntsville, the BPD investigation revealed that there was a prior incident in which Mr. Perry was assaulted by an individual who was acquainted with the driver and passenger of the car.  That individual was arrested and charged with the assault on Mr. Perry.  Neither the driver nor the passenger of the car involved in this incident was arrested or charged in the prior assault on Mr. Perry.  A police report from the incident in Huntsville also indicates that a gun was taken from Mr. Perry during that incident.

The facts of this case indicate that on October 4th, 2015, the driver of a maroon Mercury involved in the incident pulled into the gas station at 603 Bessemer Super Highway and parked at a pump.  The car was occupied by a passenger.  The driver walked into the gas station and made a purchase, which included a prepayment of $5.00 in gas.  That information has been confirmed by an employee at the station.  The driver then walked out of the gas station and back toward his car. 

At that time, Mr. Perry pulled into the station on his motorcycle followed by a second individual on a dark blue motorcycle.  Video surveillance shows that the driver of the car turned his head toward Mr. Perry, and then immediately got into the driver seat of the car without making any effort to pump the gas that he had paid for.  Mr. Perry then drove his motorcycle to a point several yards in front of the car and pointed toward the occupants of the car while communicating with the rider of the second motorcycle. 

The rider of the second motorcycle later told the detective during the investigation that Mr. Perry indicated to him that the “guys in the car had jumped him.”  We believe that this is a reference to the events that occurred in Huntsville.  

The driver of the car then pulled to the right of the two motorcycles and left the gas station without pumping the gas that he had paid for.  Two video cameras from the front of the gas station and one from the interior of the station recorded the events that occurred at the gas pump, including Mr. Perry following the car on his motorcycle as the car pulled away.  A fourth camera from the rear of the station then captured video of the driver of the car driving through a parking lot away from the station with Perry still following the car on his motorcycle.  The second motorcycle is also visible following at a far distance behind the car and Mr. Perry.

The car and Mr. Perry continued onto Brighton Road which turns into Jefferson Avenue.   Investigators were able to locate a second set of video footage of the incident from a residence.  This video footage shows the car and Mr. Perry driving at a high rate of speed on Jefferson Avenue, during which time Mr. Perry continued to follow the car, and then attempt to pull alongside the car.  

According to eye witnesses of the incident, the car traveled down Jefferson Avenue at excessive speeds, and was being pursued by Mr. Perry on his motorcycle.  Mr. Perry attempted to pull alongside the passenger side of the car, but the driver of the car maneuvered from side to side, in an effort to keep Mr. Perry from passing or approaching the car from the side.

Another gas station on Jefferson recorded a third set of video footage which includes the final seconds before the wreck and the wreck itself.  Mr. Perry’s motorcycle and the car appear in the video footage at the same time traveling at a high rate of speed.  Perry’s motorcycle and the car are at that point travelling alongside each other, with the motorcycle on the passenger side of the Mercury, when the car appears to veer to the left, nearly crossing the center line into oncoming traffic.  The car then appears to over-correct to avoid striking oncoming traffic, causing it to make contact with Mr. Perry and his motorcycle.  The impact caused Mr. Perry and his motorcycle to strike a light pole, which resulted in his death.

Witnesses to this part of the incident indicate that the motorcycle appeared to be chasing the car, and that the driver of the car lost control of the car resulting in the wreck.  An accident reconstruction investigator with BPD determined from the car’s computer system that it was driving approximately 80 mph just prior to the wreck.  He also found evidence at the scene in the form of skid marks which corroborate the witnesses and the assertion that the car lost control, drove toward oncoming traffic, and wrecked as a result.

Statements made to police by the driver and passenger of the car were consistent with the video footage collected in the investigation and eyewitness accounts of what occurred.

At no point in the three sets of video which captured the incident did the car follow or pursue Mr. Perry.  The initial set of video footage from the Marathon gas station clearly shows Mr. Perry pursuing the car as it left the gas station.  Furthermore, not a single witness has come forward to say that Mr. Perry was being pursued by the car.  To the contrary, eyewitness accounts and video evidence verify that Mr. Perry was chasing the car.  The facts indicate that Mr. Perry was the aggressor in this incident and the driver of the car responded to Perry’s aggression in a manner to avoid him.

After a thorough review of the evidence and facts surrounding this case, my office has concluded that there was no criminal wrongdoing on the part of the driver or the passenger of the car involved.  It is clear from the evidence that the driver took actions to avoid a confrontation with Mr. Perry.  Though this situation is nothing short of tragic, the evidence and facts presented to the District Attorney’s Office indicate that Mr. Perry’s death was not the result of criminal action and no charges will be made at this time.

Our thoughts and prayers are with Mr. Perry’s family and all who are affected by this tragedy. 

Additionally, Chief Roper wants the public to know that “This incident was an unfortunate tragedy for the Perry family. This investigation had many twists and turns which was compounded by various rumors; however, we completed a comprehensive and extremely thorough investigation from start to finish. We actually established a joint investigations team comprised of several fatal Accident Investigators and Detectives from our Homicide Unit. We invested well over 100 hours of investigative time in determining not just what happened but what preceded the moment of impact.”