Kagan was charged with assault by strangulation on December 3, 2018. He went to court on this “single” charge approximately 10 times in three years. He was offered four separate  pleas during this time.  Amy Broughton offered Kagan pleas 10-20 months in prison when the charge only carried a sentence of 7-10 months. Kagan continued to declare his innocence, refused all plea offers and exercised his right to a trial by jury. The trial was set to start on September 24, 2021. 

September 3, 2021, twenty one days before the trial was set to begin Amy Broughton decided to force Kagan into her unfair plea bargain. She told Kagan that she would indict him for a completely new charge of attempted 2nd degree forcible rape if he didn’t accept her plea. He was  given this offer on a Friday morning and told that he had until Monday to decide. His lawyer emailed him a few hours after the initial offer and told him that she changed her mind and that he had to accept her plea by the end of the day. Kagan again declared his innocence and quickly refused her offer because all the witnesses, the  alleged victim, alleged victim’s best friend,  both police officers, the nurses and doctor had already denied any sexual assault. 

Amy Broughton indicted Kagan on the attempted 2nd degree forcible rape. The trial started and Kagan sat in front of an all white jury. Everyone listed above testified at trial that the victim denied any sexual assault, including the alleged victim. The jury convicted Kagan for the assault by strangulation and second degree forcible rape in less than 30 minutes. Kagan received 7 1/2 years for the attempted 2nd degree forcible rape and 7-10 months for the original strangulation charge.

The alleged victim has never stated that she was ever sexually assaulted or that Kagan attempted to rape her.  Amy Broughton, Senior DA told the jury, during opening statements, that she would prove that Kagan had pulled up the alleged victim’s shirt and exposed her breasts. The alleged victim testified that Kagan had never pulled up her shirt and exposed her breasts. In addition, the alleged victim and her best friend left the trial during recess, while she was on the witness stand and did not return. Amy Broughton had to ask the judge to stop trial for the day until she could  locate the witnesses. Additionally, Amy Broughton had a nurse qualified as an expert witness. This nurse was not involved in the case but was brought in to review other nurses’ documentation. This nurse stated that the red marks on the alleged victims face were a result of being strangled . The doctor who examined the alleged victim, on the night in question, stated that the alleged victim did not have any facial bruising. Further, Detective Butterfield testified that his initial written report greatly differs from his official typed report. Kagan’s lawyer questioned him about these differences. Detective Butterfield stated at trial that he remembered some things that he didn’t , conveniently, write in his initial report.

Kagan’s lawyer asked officer Miller, the officer that responded to the call, why he did not charge Kagan with attempted  2nd degree forcible rape, three years prior. The officer said that he was new and did not know that he could but he did charge him with assault by strangulation. Kagan’s lawyer then asked detective Butterfield why he did not charge Kagan with attempted 2nd degree forcible rape three years prior. The detective stated that the DA’s office said that they would handle it. He also testified that he had closed the case because the alleged victim did not want to file any charges. Kagan’s lawyer asked Amy Broughton why she did not charge Kagan with Attemped 2nd degree forcible rape three years prior. She said that she had not seen the case. He then asked her why she offered Kagan four pleas over the three years, and none of them included the attempted 2nd degree forcible rape charge, and that Kagan refused them all. She had no answer, but her questions had to be asked outside of the jury’s presence. It’s included in the trial transcripts.

Kagan’s lawyer filed a motion for vindictive prosecution in which the judge denied. It was stated that Kagan could not allege vindictive prosecution until after he was incarcerated and on PCR (Post Conviction Relief).

The entire trial transcript will be posted on FREEKAGANWILLIAMS.ORG.

Kagan and his family need your help to undo this egregious injustice that has ruined his life and our family’s. He has a three year old daughter that he misses tremendously and she misses him just as much. He has lost his home, his job and this charge will follow him for the rest of his life and will be a stain forever. Most of all, he has lost his God given right to freedom on a trumped up charge that was used as revenge because he refused to except an unfair plea offer. Senior District Attorney, Amy Broughton should be immediately removed form her position or forced to resign. This corruption and an abuse of power by the people that are supposed to protect our constitutional rights has to be stopped. Please add your name to the petition and pass it on.