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sayornis phoebe
Mostly because neither are in range for winter. Bill isn't large enough for Gray Kingbird, and they have more tones to them. They aren't all dark above like this bird. And an Eastern Kingbird has a white tipped tail that this bird does not have. There are many reasons this bird looks dark, most just due to lighting or editing, but either way it's an Eastern Phoebe.
Hmmm looks kind of big and dark for a Phoebe...why not an Eastern Kingbird or Gray Kingbird?