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High drama in the courtroom during sentencing of man who killed Houston dad picking up dinner for his family

Police said Kevin Kirk was shot and killed in 2021 after ATVs surrounded his vehicle and tried to pull him out. Lazarius Harper was convicted of manslaughter.

HOUSTON — An attorney who shouted at prosecutors in a Houston courtroom on Tuesday was reprimanded by the very angry judge. 

The attorney who lost his temper represents Lazarius Harper who was convicted of manslaughter Monday in the 2021 road rage shooting death of a father of two. 

Kevin Kirk, 48, was picking up dinner for his family on Westheimer when a group on ATVs and dirt bikes surrounded his vehicle and tried to pull him out, according to Houston police. Harper, 28, shot Kirk who died in his car after crashing a few blocks away. 

The defense claimed that Kirk intentionally ran into Harper's ATV before he was shot.

During the sentencing hearing, attorneys had a sidebar with the judge after prosecutors mentioned that the defendant was in a gang, citing his own social media.

Harper's attorney was animated and throwing his arms up before he slammed his fists down and screamed at the prosecutor. 

"Why? Why didn't you ask them the truth first?" he said. 

The judge quickly had the jurors removed from the courtroom and then he blasted the attorney.

"Don't you ever raise your voice in this courtroom again, do you understand? Is that clear?" Judge Danilo Lacayo shouted. "Never disrespect the court in front of the jury, in front of anyone, ever, ever again! Let's get that clear right now!"

RELATED: Suspect arrested in road rage death of Houston dad shot on Westheimer


Who was Kevin Kirk?

Several friends and neighbors testified about Kirk's character during the sentencing phase. They described him as a family man who was kind and generous. 

He left behind a wife, a 12-year-old daughter and a 9-year-old son.

"Kevin was an extraordinary man who baked amazing birthday cakes and was an Ironman Athlete and avid cyclist. He was also a protector of all life, including bugs," a GoFundMe.com page said.

Detectives didn't have much to go on initially so police offered a reward.

“This is a father of two young kids going to grab dinner that gets gunned down on Westheimer. This is not how we are going to live, and we are not going to allow these things to happen," CEO of Crime Stoppers Rania Mankarious said at a news conference. 

Cheryl Draper was driving down Westheimer the night Kirk was killed.

"This is not a normal way for people to have to live -- that you go to the grocery store or you are going out to dinner and something happens and you are dead," Draper said. "It's just like cold-blooded murder; didn't even hesitate. Pulled out a gun and shot someone."

Credit: Family photo
Kevin Kirk, 48, was picking up dinner for his family on Westheimer in 2021 when a group on ATVs surrounded his vehicle and Lazarious Harper shot him.

According to court documents, Harper was out on a PR bond for evading arrest when Kirk was shot.

His attorneys asked for probation but prosecutors want a 20-year sentence.

RELATED: Road rage in Houston: Tips to avoid becoming a victim

RELATED: Victim shot after group on ATVs, dirt bikes surrounded his car

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