Montgomery County prosecutors have pulled the plug on an assault charge alleging strangulation against former Harris County assistant district attorney Gabriel Kabak, saying the evidence on hand would not support a conviction. The case was dismissed before it ever reached a grand jury, after prosecutors reviewed the file. Kabak had been arrested in February, when Panorama Village officers responded to a disturbance at a child's birthday party.
In a statement to Click2Houston, the Montgomery County District Attorney’s Office said "the State could not prove the charge beyond a reasonable doubt" and that "a significant factor in that determination was the inability to obtain the cooperation necessary to move the case forward." Officials added that the charge was dismissed prior to presentation to the grand jury because the available admissible evidence would not meet the legal standard.
Allegations at a child’s party
As reported by the Houston Chronicle, Panorama Village police said officers were called to a friend's home in late February after party‑goers tried to pull Kabak away from his girlfriend. The department's news release alleged Kabak pushed the woman, pinned her against the side of a home and grabbed her by the throat, causing pain and temporarily inhibiting her ability to breathe. The Montgomery County DA's office later confirmed the alleged victim obtained an emergency protective order.
Job fallout and the defense reaction
Kabak lost his job at the Harris County District Attorney’s Office within 24 hours of the arrest, officials said. His attorney, Shelby Burns, told Click2Houston that "Gabe Kabak is innocent" and thanked the Montgomery County DA's Office for dismissing the case. Burns also pointed out that Kabak had handled adult sex‑crimes and domestic‑violence cases while serving as a prosecutor, and argued the allegations had unfairly cost him his career.
What it means for prosecutions
Prosecutors in cases like this walk a tightrope between trying to hold alleged offenders accountable and honoring their ethical duty to pursue only charges they can prove beyond a reasonable doubt. In family‑violence matters, witness cooperation often determines what evidence can be admitted and whether a case can realistically move forward. For now, Montgomery County's decision ends criminal exposure for Kabak in this incident, although it does not erase the broader questions the case raised about conduct, accountability and public trust.
