A welcome sign outside Fort Cavazos, Texas. (Rose L. Thayer/Stars and Stripes)
FORT CAVAZOS, Texas — When a Fort Cavazos soldier opened fire outside of a busy fast-food eatery in Killeen killing the ex-husband of his new girlfriend, he did so after enduring months of threats from the man, an attorney for the soldier said Tuesday in court.
There’s no dispute that Staff Sgt. Marlone Best, 27, shot and killed Larry Kidd Jr. during the encounter, Best’s attorney Maj. Steven Dray said in his opening remarks of the soldier’s court-martial. Best is charged with two counts of murder for Kidd’s death on Feb. 17, 2024.
“Best had to make an impulsive decision when a man walked up to him … and said, ‘I’m going to kill you,’ ” Dray told the courtroom.
But prosecutors argued Best “sucker punched” Kidd, 28, in the restaurant and then fired his weapon four times. To convict Best, prosecutors must convince a jury panel that the shooting was premeditated or occurred while engaged in behavior that was dangerous and disregarded the safety of others.
“The accused started that fight and with four shots ended the life of Larry Kidd Jr.,” said Capt. Eric Fenton, a prosecutor for the Army.
It had been more than two months since any communication had occurred between the men, Fenton said. It was Best, he said, who punched Kidd and then continued to fight him while Kidd was on the ground.
The proceedings began Monday with the selection of seven men and one woman to serve on the panel of jurors — half of whom are officers. Military Judge Col. Michael Friess ordered additional security to the courthouse Tuesday morning after Dray told him that Kidd’s family members were threatening a witness. Military police also enforced additional measures within the building, only allowing one person to enter the public restrooms at a time.
The court-martial is expected to continue through the week. Just six of the eight jurors need to agree for a verdict. Best could face life in prison if found guilty.
Evidence presented Tuesday included three different camera angles from the Wingstop, where the shooting took place in a shopping center. The videos showed the fight between the men and the shooting just outside the eatery’s door.
The altercation began just before 8 p.m. on a Saturday when Kidd, who was at Wingstop to pick up an order for his job as a food delivery driver, noticed Best enter the restaurant. Best had parked in a handicap spot and had left his car running with his two daughters, ages 2 and 6, inside as he picked up their dinner order, Dray said.
Kidd walked toward the soldier, bumped him with his shoulder and said something to him, according to the video.
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, two of which hit Kidd, according to Dray and the video.
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.
That night’s fight and shooting followed 10 months of threats from Kidd toward Best, who was dating Kidd’s ex-wife. Best had called the Killeen Police Department three times for help and had gotten none, Dray said.
The attorney described multiple threatening text messages Kidd had sent to Best. Dray also told of a night when Kidd showed up at Best’s home with three other men and banged on the door. He also said there was another incident when Kidd tried to hit Best’s car while his daughters were riding with him.
“What was he to do when police wouldn’t help?” Dray asked.
After the shooting, Best called the mother of his children to pick them up from the restaurant and stayed until police arrived. He then turned himself in and went to the police station for questioning, Dray said.
Alonshae Lindsey, Kidd’s girlfriend, testified Tuesday that she had only twice heard Kidd talk about Best. She was with Kidd on the night of the shooting and was in the car waiting for him to return with the food order when she heard gunshots.
Upon watching the video in court of the killing, Lindsey became so upset that the judge had to pause the proceedings so she could compose herself.
“I could see people screaming and running. I saw Larry clutched over a little bit as if he was hurt,” she said. “It took a minute for me to understand. It happened so fast.”
Kidd, a father of three who played college football, had been having a good day before the incident, she said. He had gone to his daughter’s volleyball game before going to work delivering food.
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 go to recruiting school before the shooting occurred, his attorney said in court.
