Montgomery County prosecutors have dismissed an assault charge against former Harris County Assistant District Attorney Gabriel Kabak who lost his job after being arrested by the Panorama Village Police Department earlier this year.
Records filed Tuesday show prosecutors could not prove the case beyond a reasonable doubt, and the case got dismissed before being presented to a grand jury.
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“I want to personally thank the Montgomery County District Attorney’s Office for doing the right thing and dismissing this case. Gabe Kabak lost his career due to these false allegations. He was defamed by Panorama PD. He has been through hell. In declining to present this case to a grand jury and dismissing it, the Montgomery County District Attorney’s office has sent a clear message - Gabe is innocent,” defense attorney Shelby Burns told KPRC 2 News.
At the time of his arrest, the Panorama Village Police Department posted a detailed press release on Facebook, which indicated officers got called to a child’s birthday party for a disturbance between Kabak and his girlfriend, in which he was allegedly intoxicated, pushing people, and arguing with her over concerns about him driving drunk. The statement said Kabak then allegedly pushed her, pinned her against the side of a home and grabbed her by the throat.
Within 24 hours of his arrest in February, his employer at the time issued a brief statement: “Gabriel Kabak is no longer an employee at the Harris County DA’s Office.”
As a prosecutor, Kabak handled cases involving sex crimes and domestic violence, Burns said.
“Following a thorough review of all available evidence in the case involving Mr. Kabak, the Montgomery County District Attorney’s Office determined that the State could not prove the charge beyond a reasonable doubt, the burden of proof required in every criminal prosecution. A significant factor in that determination was the inability to obtain the cooperation necessary to move the case forward, which affected the admissible evidence available to prosecutors. Accordingly, the charge was dismissed prior to presentation to the grand jury,” a spokesperson for the Montgomery County DA’s office wrote in a statement to KPRC 2 News. “Prosecutors have an ethical obligation to pursue charges only when the evidence is sufficient to meet that burden. Every case is evaluated on its own facts, the applicable law, and the available admissible evidence, and that standard is applied consistently in every case.”
KPRC 2 News has reached out to Panorama Village Police Chief Chris Holcomb to ask about any potential investigative shortfalls in the case, as well as to the Harris County District Attorney’s Office to inquire about his termination prior to the outcome of the case being determined. This story will be updated if any responses are received.