DETROIT, Mich. (WXYZ) — Prosecutor Kym Worthy blasted a Wayne County judge less than 24 hours after charges were dismissed in a 9-month-old's murder case.
Watch Ross Jones's video report:
The homicide and child abuse charges were dismissed Monday after it was discovered that video evidence related to the case was not shared with defense attorneys.
Worthy's office says Judge Miller tossed the charges "erroneously."
“It is outrageous that the judge would blame the outcome of the case on the prosecution,” Worthy said in a press release. “In all of my years of practice I have never seen a judge behave like this. The record will bear this out.”
The war of words erupted Tuesday afternoon after Judge Miller dismissed the felony charges filed against Charles Evans, accused in the death of his 9-month-old daughter Kinsley.
PREVIOUS REPORT: CPS worker fired, father charged with murder in case of 9-month-old Kinsley Evans
“She had blunt force trauma to the head, injuries, skull fractures,” said Asia Nelson, Kinsley’s grandmother.
According to Adam Clements, Evans’ defense attorney, Miller dismissed the charges after it was learned mid-trial that police body camera evidence hadn’t been shared with his team.
“Regardless of how you feel about what the trial’s outcome is supposed to be, it’s still supposed to take place in accordance to a specific process,” Clements said, “and that’s with justice and fairness in mind.”
At issue was DPD body camera footage, Clements says, from prior visits to the home in the months before Kinsley was killed. On the third day of trial last week, it was discovered that police hadn't turned it over. Within 24 hours, they did.
“I submit that there was information on the body cams that was tremendously helpful to Mr. Evans, and he was denied the opportunity to utilize that information,” Clements said.
With some witnesses having already testified, Judge Miller ruled to dismiss the homicide and child abuse charges filed against Evans.
The family maintains that was the wrong decision.
“Dismissal of a baby’s death, a homicide—that’s not an equitable resolution,” said Juanita Straughter, Kinsley’s aunt, saying the evidence was ultimately turned over.
“You got the evidence that you were looking for, and then you still chose not to use it," she said.
Worthy's office blasted Miller's decision, saying she displayed a bias throughout the hearing, never should have heard the case in the first place and promised an appeal.
In a statement issued Tuesday, the prosecutor's office said Miller “should have recused herself from the case” because of her connection to Charles Evans’ attorney, Adam Clements.
Clements works for the same law office owned by attorney Todd Perkins, who represented Judge Miller during her own legal problems last year, when Miller carried a loaded firearm into Detroit Metro Airport security.
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She would ultimately plead no contest and was sentenced to 90 days probation.
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The prosecutor’s office said Judge Miller showed “obvious bias during the course of the trial” and that the discovery violation did not warrant dismissal of the case.
“I really don’t understand what the body cam has to do with it,” said Juanita Straughter. “This baby isn’t here. The body cam wasn’t going to show the bruises on her. The bruises that was on her when we looked at her on that gurney bed.”
On Tuesday, Clements expressed his condolences to Kinsley’s family, saying the discovery violation deprived them of a chance at closure.
“Frankly, they were robbed of an opportunity to be presented with all the evidence," he said.
Wayne County Prosecutor's Office statement:
On December 1, 2025, Judge Cylenthia LaToye Miller began a jury trial in the case of Charles Evans. Defendant Evans was charged with Felony Murder and Child Abuse First Degree. His attorney works for the Perkins Law Group PLLC. Neither Judge Miller nor the attorney ever disclosed that she was represented by this firm in a criminal case that was filed against her in for carrying a loaded weapon in Detroit Metropolitan Airport on June 8, 2024. Based on this obvious conflict of interest (unknown to the assistant prosecutor at the outset of the trial), Judge Miller should have recused herself from the case.
On December 8, 2025, Judge Miller dismissed the case, erroneously, citing a discovery violation. WCPO contends that there was no violation, and that the judge failed to follow the law. The Office is requesting the transcript and the video recording of the trial, which will show many other instances of biased and inappropriate behavior by the judge.
In addition to the appearance of impropriety posed by the above conflict, Judge Miller demonstrated obvious bias during the course of the trial. She repeatedly inserted herself in the proceedings with inappropriate questions for the witnesses. A judge is permitted to ask questions during a trial, but only to clarify the record. In the 2019 case of People v. Swilley, 540 Mich 350, the Michigan Supreme Court held that, "Undue interference, impatience, or participation in the examination of witnesses, or a severe attitude on the judge's part toward a witness may tend to prevent the proper presentation of the case or the determination of the truth. For that reason, a judge should avoid questions that are intimidating, argumentative, or skeptical.” The record will show that Judge Miller clearly failed to do so in the Evans case.
The dismissal of the case against Mr. Evans was understandably upsetting to the family of the victim. This office intends to appeal the erroneous dismissal of the case by Judge Miller.
“It is outrageous that the judge would blame the outcome of the case on the prosecution. In all of my years of practice I have never seen a judge behave like this. The record will bear this out,” said Prosecutor Kym Worthy.
Defense Attorney Adam Clements' statement:
Mr. Charles Evans was represented at trial by Attorneys Adam Clements, and Tiffany Howell, neither of whom have ever represented Judge Miller in any capacity. The idea that Judge Miller was somehow mandated to recuse herself or incapable of presiding over this matter is extremely disappointing and to suggest that a conflict of interest exists is a position that is totally devoid of merit.
Judge Miller’s decision to dismiss this case was entirely appropriate and legally sound given the blatant lack of regard for principles related to fundamental fairness, and mandatory disclosure of evidence related to a criminal case.
The Prosecution’s response demonstrates absolutely no accountability for the soiled stench of unfairness that left an indelible stain in the matter of the State of Michigan vs Charles Evans. The abject failure to comply with basic and elementary discovery rules related to the disclosure of evidence, mandated a dismissal of the case.
Michigan courts have also recognized that the prosecutor may not knowingly use false testimony to obtain a conviction, People v. Wiese, 425 Mich. 448, 455, 389 N.W.2d 866 (1986), and that a prosecutor has a duty to correct false evidence, People v. Woods, 416 Mich. 581, 601, 331 N.W.2d 707 (1982), cert den sub nom Michigan v. Alexander, 462 U.S. 1134, 103 S.Ct. 3116, 77 L.Ed.2d 1370 (1983); People v. Thomas, 49 Mich.App. 682, 693, 212 N.W.2d 728 (1973).
The trial record is littered with false statements and assertions levied both by the prosecution and it’s witnsses. Unfortunately for Mr. Evans, the evidence that was withheld from the defense directly affected the ability of Defense Counsel to highlight these untruths.
It is undisputed that the Government lost vital pictures, and videos that were provided to them by the family of Kinsley Evans. Instead of organizing these pivotal pieces of evidence they were disregarded and only provided after the trial begun. Additionally, the Government provided 19 videos related to the case in the middle of the trial, and rather than addressing this abject failure the Government seeks to shift the focus to a fanciful conflict of interest that does not exist.
For all of these reasons we share the same sentiment of outrage, but for far different reasons.
Contact 7 Investigator Ross Jones at ross.jones@wxyz.com or at (248) 827-9466.