Deadly Conduct—24th Judicial District Court, Victoria County

Not Guilty—Directed Verdict

K.H. had been let down too many times to count by law enforcement who allowed her abuser to go free of charges. This time, instead of arresting her documented abuser, K.H. was arrested for deadly conduct after defending herself by firing a single shot in self defense after her abuser had cut off the power to her home and was trying to forcefully gain access while she was surrounded in darkness.

The State failed to take note that that the abuser was finally arrested shortly thereafter for beating K.H. and at his sentencing hearing stated to the Judge that K.H. was his victim and was arrested for defending herself against him. Sierra Tabone was able to uncover the transcript from that hearing and after a thorough investigation dig up all previous calls for service where K.H. begged officers to help her as her abuser repeatedly broke into her home and beat her.

Sierra and her co-counsel, Micah Hatley, determined that the best and most efficient course of action was to try K.H.’s case to the Judge in a bench trial. Sierra was able to effectively cross examine witnesses and officers and argued to Judge Garza that not only were the elements of the offense not met, but that this was a clear case of self-defense. Judge Garza agreed with Sierra and after the State rested granted a motion for directed verdict and found K.H. Not Guilty.

Sierra Tabone Gets Not Guilty Verdict for Client Using Self Defense Against Abuser