He Never Even Touched the Gun, but Got a Harsher Sentence than the Shooter.
Dear Friends of TDS,
More than 26 years ago, Michael Highfill was wrongfully convicted of capital murder after witnessing a shooting. He never touched the gun, and he had no idea a shooting was going to happen. He was simply present, in the wrong place at the wrong time, when his eventual co-defendant shot and killed a man who had recently assaulted her. Yet Michael was sentenced to life in prison—a harsher punishment than the woman who pulled the trigger, who received 60 years.
Yesterday, Texas Monthly published a powerful feature on Michael’s case, and the rare, hard-won moment of hope now in front of him: after an in-depth review of the evidence in this case, the Travis County District Attorney’s Office now agrees with TDS that Mr. Highfill is not culpable and that he was wrongfully convicted of capital murder. We are grateful that the DA’s Office has reached this conclusion and now recognizes that his conviction should be overturned.
The article, written by Madison Hahamy, traces Michael’s life from a childhood marked by abuse and family trauma through addiction, homelessness, and the night in 1998 that changed everything. Michael’s conviction rests on a Texas law called “the law of parties,” which in certain circumstances allows someone to be convicted and sentenced for a crime actually committed by another person. The piece also follows the work TDS’s legal team has done since 2023 to bring new evidence forward in Michael’s case and the bipartisan movement to reform the law of parties.
Michael is now 51. He has earned his college degree, worked as a hospice aide, and mentors other incarcerated men. And now, a final hearing on September 9 could be the turning point in his fight for freedom.
This is exactly the kind of case TDS exists to take on—one where the punishment doesn’t fit the person, and where careful, sustained legal work can still make a difference decades later. Please consider supporting this work so we can fight for more people like Michael.
After spending more than half his life in prison, Michael reflects simply: “It’s okay to be broken. It’s what we do with that brokenness that matters.” Thank you for standing with us and with people like Michael.
With gratitude,
Burke Butler and Randi Chavez
Co-Executive Directors
Texas Defender Service
