Mark Austin Hawkins, a 20-year-old male of White ethnicity from Wichita Falls, Texas, was tragically shot and killed on April 20, 2014. The incident occurred outside his home in the 2300 block of River Road. Hawkins was attempting to sell marijuana to Willie Maurice Hervey Jr., who had come to his home with $250 to purchase an ounce of marijuana. During the transaction, a dispute arose over the quantity of marijuana, and Hawkins and Hervey struggled over a 10-mm Glock handgun that Hervey had
brought for protection. In the struggle, Hawkins was fatally shot.
Hervey was subsequently arrested and charged with Hawkins' murder. He was convicted and sentenced to 70 years in prison on April 5, 2017. Hervey's defense claimed that the shooting was accidental and that he did not intend to pull the trigger. However, the jury found him guilty, and he was sentenced to a lengthy prison term. The case drew significant attention due to the circumstances of the shooting and the legal arguments surrounding Hervey's defense.
The case has seen ongoing legal developments, including an appeal by Hervey, who argued that the trial court failed to adequately instruct the jury on considering whether the shooting was caused by Hawkins pulling on the gun. The Fifth District Court of Appeals in Dallas agreed with Hervey's appeal and ordered a new trial. The State Prosecuting Attorney, along with the Wichita County District Attorney, has sought to prevent the new trial by petitioning the Texas Criminal Appeals Court for review.
The tragic death of Mark Austin Hawkins highlights the severe consequences of disputes over small amounts of money and the potential for violence in such situations. The legal proceedings and appeals have continued to unfold, reflecting the complexities of the case and the ongoing quest for justice.