A Fort Cavazos soldier was found not guilty of murder Thursday, Jan. 9, 2025, for shooting and killing a man in Killeen after jurors concluded he acted in self-defense, according to the soldier’s attorney. (Rose L. Thayer/Stars and Stripes)
AUSTIN, Texas — A Fort Cavazos soldier was found not guilty of murder Thursday for shooting and killing a man in Killeen after jurors concluded he acted in self-defense, according to the soldier’s attorney.
Attorneys for Staff Sgt. Marlone Best, 27, conceded in court this week that the soldier shot and killed Larry Kidd Jr. during an altercation Feb. 17, 2024, at a busy fast-food restaurant, but only after being provoked by 10 months of threats against his life.
“This was simply an act of self-defense and defending his children,” Jon Shelburne, an attorney for Best, said Friday. “We’re just happy that the truth was able to be shown in court.”
Best was charged with two counts of murder — unpremeditated and murder that occurred while engaged in behavior that was dangerous and disregarded the safety of others. The soldier faced the possibility of life in prison.
The Army Office of Special Trial Counsel prosecuted the case.
The proceedings began Monday with the selection of seven men and one woman to serve on the panel of jurors — half of whom were officers. Military Judge Col. Michael Friess ordered additional security to the courthouse Tuesday after Best’s attorneys told him that Kidd’s family members were threatening a witness.
“After the judge’s admonition, there was absolutely nothing else that happened, and we continue to pray that nothing does happen in the future here,” Shelburne said.
Best was dating Kidd’s ex-wife and faced threats from the former college football player over the relationship, Maj. Steven Dray, another attorney for Best, said Tuesday in court. Before that chance encounter on a Saturday night in February, Kidd had sent multiple threatening text messages to Best.
Dray also described a night when Kidd showed up at Best’s home with three other men and banged on the door looking to fight him. He also said there was another incident when Kidd tried to hit Best’s car while his daughters were riding with him.
Best had contacted the Killeen Police Department three times about Kidd but Dray said they did not offer any meaningful help.
The jury saw the entire February encounter play out through three angles of security footage collected from inside and outside the eatery, which was filled with customers on a busy Saturday night.
Kidd, 28, arrived first at the Wingstop on Fort Hood Street in Killeen just before 8 p.m. to pick up an order for his job as a food delivery driver. Best entered the restaurant minutes later to pick up an order, after parking in a handicap spot and leaving his car running with his two daughters, ages 2 and 6, inside the vehicle, Dray said.
Kidd noticed Best, walked toward the soldier, bumped him with his shoulder and said, “I’m going to kill you,” Dray said.
As Kidd turned away, Best punched him in the back and Kidd fell into chairs in front of him. People in the restaurant scattered out of the way as the two men fought on the floor. A handgun that Best was carrying on him fell. As the soldier moved to retrieve it, Kidd began to hit back.
The fight spilled out of the door of the small restaurant and Best fired four shots at Kidd in the parking lot, according to Dray and the video. Kidd was hit twice.
Kidd is then seen on video banging on the now-locked door of the restaurant begging for help before collapsing onto the ground. After some time, Best returned to Kidd’s side to provide a first-aid kit to those attempting to help Kidd.
The soldier then waited for police to arrive and turned himself in.
The jury spent more than three hours deliberating the case Thursday and asked the judge toward the end of their discussions for clarification on how to evaluate self-defense, Shelburne said. Specifically, the jurors were reviewing language about whether it would have been physically possible to withdraw safely from the fight.
Best enlisted as a petroleum supply specialist in May 2016 and has been stationed at Fort Cavazos since November 2017, according to the base. He is assigned to the 1st Cavalry Division.
He was slated to leave for recruiting school the week following his encounter with Kidd, Shelburne said. Now with the trial behind him, Best wants to resume his Army career, the attorney said.
