Attorney Jon Shelburne of Military Justice Attorneys has secured a not-guilty verdict for a Fort Cavazos Soldier who was charged with murder. Staff Sergeant Marlone Best fatally shot Larry Kidd Jr. in an altercation, but a self-defense argument posed by Attorney Shelburne convinced the jurors that his actions were justified, avoiding a conviction that would have changed his life dramatically forever. From all of us at Military Justice Attorneys, we congratulate Attorney Shelburne on this important case result for a military service member in a difficult situation.
Details of the Killeen Fatal Shooting
In February 2024, Staff Sgt. Marlone Best was in a fast food restaurant at night in Killeen, Texas, when Larry Kidd bumped into him and said, “I’m going to kill you.” The violent threat would have been random had Kidd not been harassing and threatening Best for several months because Best was dating Kidd’s ex-wife. Previously, Kidd sent Best threatening text messages, attempted to jump him at his home with several other men, and attempted to hit his car (occupied by Best and his two daughters) with his own vehicle.
Fearing that Kidd was going to attempt to imminently act on his death threat, Best struck him as he turned away, beginning a brawl that culminated in Best discharging his personal firearm four times in the parking lot, striking Kidd twice. Afterward, when people attempted to provide first aid to Kidd, Best brought a medical kit out of his car to assist them. He stayed at the scene and allowed the police to arrest him peaceably.
Best’s Criminal Charges & Trial
Following the shooting, Best was charged with two counts of murder: unpremeditated murder and murder that occurred while engaged in behavior that was dangerous and disregarded the safety of others (due to the shooting taking place in the parking lot of a busy restaurant). If he was convicted, he could have been sentenced to life in prison. The Army Office of Special Trial Counsel was set to prosecute the case, and the panel of jurors included four military officers, so Best sought the legal counsel of a criminal defense team with insight into military criminal proceedings.
Attorney Jon Shelburne, joined by Attorney Major Steven Dray, began to examine the details and available evidence of the altercation. Security footage from three cameras inside the restaurant helped show the truth of the scene, including Kidd’s death threat to Best. Other evidence, like the text messages Kidd sent to Best to threaten him in the past, proved just as important when preparing the case.
Ultimately, it was decided that a self-defense argument, including the defense of Best’s children, was the correct approach. With Kidd’s history of attempts to harm Best and his children, it was argued that the use of his firearm in the altercation was justified. After several hours of deliberation and a question to the judge about the definition of self-defense under the law, the jurors agreed and returned a not-guilty verdict.
With the harrowing incidents and the trial behind him, Best plans to resume his Army career. He was going to attend recruiting school the same week that Kidd threatened him in the restaurant, so he can now continue that plan. Again, we congratulate Attorney Shelburne and thank him for securing this important case result for a military service member who needed a strong defense and got it.
To learn more about this case, you can click here to read a full article from Stars and Stripes, a digital publication about news related to the military and veterans.
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