Cases
United States v. Dennington, Cause # 1:03-CR-245; 04-40936, July 14, 2006
Zack Hawthorn appealed the Defendant's federal sentence to the United States Court of Appeals for the Fifth Circuit. That court vacated his sentence and remanded the case to the District Court. The Defendant was then resentenced to a lower prison term.
United States v. Malloy, Cause # 1:05-CR-33, May 30, 2006
The Defendant was convicted of transporting approximately twenty-six kilograms of powder cocaine. Zack Hawthorn represented the Defendant and was able to obtain one of the first "non-guideline" sentences granted in the Eastern District of Texas as a result of the Supreme Court's holding in United States v. Booker. The final sentence was 25% less than the minimum guideline range.
United States v. Johnson, Cause # 1:05-CR-109, May 22, 2006
The Defendant, currently serving two consecutive life sentences in the Beaumont Federal penitentiary, was charged with assaulting a prison guard. Zack Hawthorn represented Mr. Johnson and despite testimony by five prison guards stating Mr. Johnson had in fact assaulted the guard, the jury was unable to render a unanimous verdict. A mistrial was declared and the case was later dismissed by the Government.
State v. Morton, Cause # 91884, April 20, 2006
The Defendant was charged with murder after an argument ensued between Mr. Morton and the deceased over a drug deal. Even though the jury found him guilty of murder, Zack Hawthorn argued to the jury to assess probation as punishment. The jury did so and rendered a sentence of ten years probation for the offense of murder.
United States v. Conor, Cause # 1:04-CR-32; 04-41591, March 16, 2006
Zack Hawthorn appealed the Defendant's federal sentence to the United States Court of Appeals for the Fifth Circuit. That court vacated his sentence and remanded the case to the District Court. The Defendant was then resentenced to a lower prison term.
United States v. Batey, Cause # 1:03-CR-67; 04-40904, October 17, 2005
Zack Hawthorn appealed the Defendant's federal sentence to the United States Court of Appeals for the Fifth Circuit. The sentence was reversed by the appellate court, and several points that were calculated in the Defendant's sentence were later removed by the District Court at resentencing.
State v. Deric Epps, Cause # 90627, May 10, 2004
The Defendant was stopped traveling through Beaumont on Interstate 10. The police officer smelled marijuana from inside the vehicle and located a large amount of money in Defendant's pocket along with marijuana in his shoe. A bottle of codeine was located in the back seat which resulted in an indictment for a first degree felony. Zack tried the case, the jury hung (9-3 not guilty) and a mistrial was declared. The case was later dismissed by the State.
United States v. Tran, et al, Cause #1:03-CR-7
State v. Tran, et al, # 87988, August 2003
The Defendant was stopped on IH-10 on January 10, 2003 at 3:00 a.m. The vehicle he was driving was searched. Concealed in one door were 35,000 ecstasy tablets. Concealed in another door was $360,000.00 cash. A Phillips head screwdriver and screws to the door panels were found in Defendant's pocket. Federal and State charges were filed against Defendant. Motions to suppress the evidence were filed in both cases. The Federal charges were dismissed shortly before trial. The State case was tried and resulted in a mistrial because of a hung jury. On May 4, 2004, a week before trial, the State case was dismissed.
United States v. Hayden, Cause # 1:02-CR-11-1, February 14, 2003
The Defendant was charged in a two-count indictment with receiving and possessing child pornography that had been transported in interstate commerce by computer. A motion to suppress the evidence was granted by the Court who ruled that law enforcement had conducted an illegal search of the Defendant's computer. As a result, all charges against the Defendant were dismissed.
State v. Kerness, Cause # PPD0030291, May 14, 2002
The Defendant, a reporter for the local ABC affiliate, was charged with disorderly conduct after an aggressive interview. After several witnesses testified on behalf of the State, Zack moved for a directed verdict which resulted in an acquittal.
State v. Dr. Robert Satterfield, Cause # 223751, January 31, 2002
The Defendant was charged with assaulting a contractor on the defense's premises. The Defendant asserted the defense of self-defense. The Defendant was represented by Lum and Zack Hawthorn in a jury trial and was found not guilty.
United States v. Toby Wilborn, Cause # 1:01-CR-141-1, November 19, 2001
The Defendant, a county commissioner, was charged with acting with a constable and another in placing wiretaps in the courthouse offices of the county judge and other commissioners. The Defendant was represented by Lum and Zack. In a jury trial where the Defendant's 2 co-defendant's testified against him, he was found not guilty.
State v. Shawn Berry, Cause # 8871, November 19, 1999
The Defendant was charged with capital murder. It was alleged that the Defendant and 2 others killed James Byrd, Jr. in Jasper, Texas by dragging him behind the Defendant's pickup truck until his body separated. This case was alleged to be racially motivated and received national attention. Mr. Berry was the only Defendant to escape the death penalty. The case was featured by CBS newsman Dan Rather in a 1999 60 Minutes II broadcast.
United States v. Johnny Manning, Cause # 9:97-CR-33(1), 1998
The Defendant was charged with defrauding his employer of approximately $1,000,000.00. He was tried before a jury and found not guilty.
United States v. Billy Todd Bryan, Cause # 6:96-CR-38(1), 1996
The Defendant, a road oil contractor, was charged with defrauding a number of Texas counties by overcharging them for road oil. After a pretrial motion hearing, the government agreed to dismiss the charges against Mr. Bryan in exchange for his company paying a fine.
United States v. Steve Lacy, Cause # 1:92-CR-96(05), 1994
The Defendant, a banker, was charged with mail fraud. It was alleged he falsified a loan transaction. He was tried before a jury and found not guilty.
United States v. Lester Winfree, Cause # 1:92-CR-98, December 1992
The Defendant, chairman of the port commission, was charged with mail fraud. It was alleged he falsified port records concerning the sale of a grain elevator in order to gain income tax advantages for a friend. A jury found the Defendant not guilty.
State v. Andy Weller, Cause # 49280, November 30, 1987
The Defendant, the son of a prominent Beaumont attorney, was charged with murder. It was alleged the Defendant killed his parents by shooting them with a shotgun. The Defendant was found not guilty by reason of insanity.
State v. Rosine McFaddin Wilson, Cause # 47503, 1987
The Defendant, a prominent local citizen, was charged with murder. It was alleged that the Defendant shot and killed her ranch caretaker with a pistol, then threw the pistol away, denied her involvement, and blamed the caretaker's wife for the shooting. She was tried before a jury and found guilty of the lesser offense, manslaughter, and assessed 5 years probation.
State v. Rusty Weir, Cause # 39822, August 21, 1981
The Defendant, a country and western singer, was charged with possession of cocaine. The evidence was suppressed in the case and the Defendant was found not guilty.
