The FULL Kayla Giles Story You Need to Know - July 2025 Update
Jul 8, 2025
The Louisiana Supreme Court has overturned Kayla Giles’ Second Degree Murder conviction. The 2018 shooting of her estranged husband, Thomas Coutee Jr., during a custody exchange at a Walmart parking lot was characterized by prosecutors as murder. However, after years of legal battles, the Louisiana’s highest court has ruled that Ms. Giles did not receive a just trial.
Ms. Giles was a Platinum United States Concealed Carry Association (USCCA) member when the shooting occurred. Shortly after the organization retained a lawyer on her behalf, they revoked her legal coverage, leaving her to face a murder charge on her own. Criminal defense attorneys Marc J. Victor and Andrew C. Marcantel summarize the case and describe the downside of enrolling in a self-defense program backed by a traditional insurance company.
“Somebody who had paid additional money to get additional benefits from USCCA was involved in a self-defense incident and it was just dropped. It just didn’t sound right to me.”
– Attorney Victor
Background
Around the time of the incident, Ms. Giles and Mr. Coutee were in the middle of a tumultuous divorce, with documented allegations of domestic violence. Mr. Coutee, a trained MMA fighter and significantly larger than Ms. Giles, had reportedly been intimidating her by bringing a firearm to custody exchanges. On the day of the incident, surveillance footage showed Mr. Coutee approaching Ms. Giles’ vehicle, jerking her door open. Ms. Giles fired her legally possessed firearm, killing him.
Under Louisiana’s Stand Your Ground law, an unlawful intrusion into one’s vehicle can justify deadly force. However, the state charged her with Second Degree Murder, citing online searches and her recent USCCA membership as signs of premeditation. Yet, no First Degree Murder (premeditated) charges were ever filed.
USCCA’S Response
Ms. Giles’ defense was set back when USCCA dropped her legal coverage. Despite initially providing $50,000 for legal fees and other case-related expenses, they revoked their support, asserting they “clearly determined” that Ms. Giles committed “premeditated murder.” CEO Tim Schmidt released a now-deleted video insisting the case was clearly murder, though Ms. Giles was never charged with premeditated murder.
After USCCA withdrew its support from Ms. Giles, attorneys Victor and Marcantel decided to meet with the trial lawyer originally assigned to the case by USCCA. They wanted to understand why the organization had dropped its support. According to the attorneys, the trial lawyer was also confused by the decision, as he believed the case was defensible and saw no apparent reason for USCCA to withdraw.
“His exact words to us were that this is one of the most defensible self-defense cases I’ve ever had in my career.”
– Attorney Victor
The attorneys also requested an explanation from USCCA, yet they received no reply. USCCA issued copyright complaints and cease-and-desist letters when the attorneys criticized the organization’s conduct and used clips from Mr. Schmidt’s video. Content creators who support The Attorneys For Freedom Law Firm also received threats, but none backed down.
The Louisiana Supreme Court’s Appeal
At trial, the jury received improper instructions, including the claim that if Ms. Giles was the “aggressor,” she could not claim self-defense. The Louisiana Supreme Court ruled this instruction was unfounded, as no evidence supported the claim that Ms. Giles initiated the confrontation. The jury also was not instructed about the presumption of reasonableness, which is a key aspect of Louisiana law, stating that a person in a vehicle who uses force to repel an unlawful entry is presumed to be acting reasonably. The attorneys emphasized Louisiana’s Stand Your Ground law, which states that there is no duty to retreat. Meaning that when Mr. Coutee unlawfully opened Ms. Giles’ car door, her right to defend herself was justified.
“Not only do you not have a duty to retreat, but the jury isn’t even allowed to consider whether or not you could have retreated. So, it’s sort of a hard stand your ground state… And certainly, as the Supreme Court said, the language is blunt, strong, and clear. Too bad the jury never got to hear it.”
– Attorney Victor
Attorney Marcantel also emphasized the argument made in the appellate brief which stated that Ms. Giles’ defense attorney failed to bring in an expert to explain domestic violence, citing this as an example of ineffective assistance of counsel. In a decision issued in June 2025, the Louisiana Supreme Court overturned Ms. Giles’ conviction. The court’s ruling was based on several key points:
• Improper Jury Instructions: The jury was erroneously instructed on Louisiana’s “aggressor doctrine.”
• Omitted Presumption Instruction: The court failed to inform the jury of the legal presumption that Ms. Giles acted reasonably.
• Overlooked Self-Defense Evidence: Surveillance footage, statements from Mr. Coutee’s mother and sister, and testimony from Ms. Giles’ 7-year-old daughter, all indicated that Mr. Coutee was carrying a gun. This supported Ms. Giles’ fear-based reaction to Mr. Coutee opening her vehicle’s door.
• Potentially Excessive Obstruction Sentence: A separate 30-year sentence for giving her laptop to her sister was found to be potentially excessive.
“The acts of this defendant consist of number one, giving her personal laptop to her sister and then number two, later instructing her sister to give it to a friend . . . I think we can read into that and conclude from that the Louisiana Supreme Court probably doesn’t see enough facts here to support an Obstruction of Justice conviction.”
– Attorney Victor
What Happens Next for Kayla
The Attorneys For Freedom Law Firm will now lead Ms. Giles’ defense, providing expert witnesses and legal strategies, including input from use-of-force and domestic violence experts. The Obstruction of Justice charges are still pending, but the Supreme Court has directed the lower courts to reexamine both its legitimacy and the 30-year sentence.
The attorneys stress the importance of reviewing contractual exclusions, as insurance policies often contain clauses that allow insurers to deny or drop coverage.
If you want reliable legal defense for self-defense cases without all the unnecessary exclusions, be sure to check our Attorneys On Retainer Program. For more information, please contact us by calling 866-404-5112 or email us.
Related Content
