Tag Archives: david hawk

Rep. Hawk sentenced to 150 hours community service, paying $1,500 restitution, taking anger management class

State Rep. David Hawk, convicted in September on a misdemeanor charge of reckless endangerment stemming from a an alleged assault on his now ex-wife, was sentenced today under a judicial diversion arrangement in Greene County Criminal Court.

Hawk, R-Greeneville, will basically be on probation for two years. If he complies with the terms, the conviction will be expunged from his record.

The Greeneville Sun reports he will have to do 150 hours of community service, pay $1,500 restitution to Chrystal Goan, the victim; and take part in an anger management program.

Senior Judge Paul G. Summers asked Hawk defense lawyers and prosecutor Joseph Baugh to confer and add a community service component for Hawk before accepting the agreement to satisfy the misdemeanor reckless endangerment charge which the six-term state representative was convicted of by a jury last month.

Hawk, R-5th, of Greeneville, must also complete a probation-approved anger management course and make a one-time restitution payment of $1,500.

If Hawk successfully completes the two-year judicial diversion term, the misdemeanor reckless endangerment conviction will be expunged from his record.

Hawk, 45, said after the hearing that he is relieved the ordeal is over.

And, from WGRV radio:
Hawk was presented several options to perform his community service, including the Boys & Girls Club of Greeneville and Greene County, the Opportunity House and the Greene County Humane Society. A fourth option, the Greeneville Parks and Recreation Department, was replaced by a child literacy program at the request of Hawk’s attorneys.

Hawk told reporters following the court session that he has received 100 percent support from the state legislature and that he intends to seek reelection for a seventh term next year. He also thanked the community for the overwhelming support he has received throughout the process.

Rep. Hawk convicted of reckless endangerment

GREENEVILLE, Tenn. (AP) — An East Tennessee jury has convicted a state lawmaker of reckless endangerment stemming from an altercation with his ex-wife.

The Greeneville Sun (http://bit.ly/18EcLRn ) reported that Republican Rep. David Hawk was found guilty of the misdemeanor charge on Thursday in Greene County Criminal Court after the jury spent about 10 hours deliberating over the course of two days.

The jury deadlocked on another misdemeanor assault charge.

The case was the result of an altercation between Hawk and his former wife, Crystal Goan, last year.

Judge Paul Summers earlier dismissed a felony charge of aggravated assault against Hawk, saying that prosecutors hadn’t proven that Goan suffered serious bodily injuries.

Hawk has maintained his innocence and said he would seek an appeal.

Sentencing was set for Oct. 31.

Note: WGRV radio’s account has a bit more detail. Excerpts:
The jury in the David Hawk assault trail returned a hung verdict on one count and a guilty verdict on the other count this afternoon in Greene County Criminal Court. Hawk was found guilty of Reckless Endangerment and the jury was deadlocked on the Simple Assault Charge. A sentencing hearing has been set for October 31.

…The jury deliberated for nearly 10 1/2 hours – more time than they spent listening to testimony – before announcing their verdict.

..Originally, Hawk faced a felony charge of Aggravated Assault, but after a motion by the defense, Judge Summers ruled that the state had not proven or offered enough evidence to support that charge, and reduced the charges to simple assault and reckless endangerment. The biggest difference between the original and the modified charges is that the modified charges are misdemeanors. A felony conviction, in addition to more possible jail time, also includes forfeiting certain civil liberties, such as the right to hold office. However, misdemeanor offenses do not include such penalties. The maximum sentence for a misdemeanor is 11 months and 29 days.

Hawk’s lawyers indicated they intended to file motions regarding the verdict, and could ask for a judicial diversion at the sentencing hearing. A judicial diversion allows a defendent to plead guilty and be placed on supervised probation. If a defendent completes that probation period satisfactorally, the case is dismissed. Prosecuting Attorney General Joe Baugh told Judge Summers that he didn’t not anticipate re-trying Hawk on the deadlocked charge, but did keep the option open pending the outcome of other motions.

Note II: The Greeneville Sun’s more detailed account, not made available in full online until later, is HERE.

Rep. Hawk’s trial: Wife testifies she was ‘terrified’

Crystal Goan testified Tuesday that she was physically assaulted and “terrified” by the actions of husband David Hawk early on March 18, 2012, after the two argued over a text message Hawk claimed she received, according to the Greeneville Sun.

On cross-examination defense lawyer Thomas Dillard asked Goan about a previous civil case in U.S. District Court involving her first husband.

The cross-examination brought out potentially damaging details about that case and called Goan’s credibility into question.

And, from WGRV radio’s recap of Tuesday’s testimony:
Goan testified that theirs had been a rocky marriage dating all the way back to their wedding night when she said Hawk expressed regret in marrying her. It was over a year, Goan testified, before they lived together. Goan said that all through their relationship Hawk had always been jealous of any male friends or coworkers she had and that Hawk had accused her numerous times of having an affair. Goan testified that she had never been unfaithful.

On the night of March 17, 2012, Goan said she and Hawk had gone to an event in downtown Greeneville. Upon returning home, Goan said she went up to bed, but was awakened by Hawk screaming and pulling her out of bed. Goan said Hawk grabbed her arm and pulled her to the floor. She testified he then went into their child’s room and locked the door. Goan said it must have been barricaded as she wasn’t able to push the door open.

After staying outside the door most of the night, Goan said that the next morning she was able to convince Hawk to let her feed the baby. But as she finished and tried to get up from the couch, Hawk repeatedly pushed her back down. Finally, Goan testified that Hawk struck the right side of her face. Goan said when she regained her senses, she realized that Hawk and their daughter weren’t in the house. It was then that she left for a friend’s house where to police were called.

When asked why she left the house instead of calling for help, Goan said that she was afraid that Hawk’s political standing would result in authorities not taking her complaint seriously. She testified that she did not point a gun at Hawk, something Hawk had contended happened and that he was acting in defense of himself and his child. Goan said the only gun she owned was an antique that was kept in a safe at a Bulls Gap office.

On cross-examination by Hawk’s lawyers, Goan was asked about a ruling against her in a previous divorce case. Goan said that she had not ready a judge’s opinion that found that she had illegally put spyware on her previous husband’s computer and that she had altered a prenuptual agreement without his knowledge. When asked repeatedly about that suit and judgement, Goan asserted that she has never read the information.

Tuesday morning, the jury heard testimony from Farrah Nelson, the office manager for the law practice of Crystal Goan Hawk. Nelson said that David Hawk was very concerned about his wife’s schedule and checked up frequently on her activities. She also testified that she was often responsible for mediating arguments and conflicts between the Hawks, which usually occurred when David Hawk returned from his legislative duties in Nashville.

…Testimony was also heard from local attorney Sandra Stanbery-Foster, who was at a social event with the Hawks the night of the alleged assault and said that neither were intoxicated and seemed pleasant. Foster received a call from Crystal Hawk the following morning and discovered her at the Crockett Lane home, and corroborated earlier testimony about the nature of her injuries.

State Rep. David Hawk’s trial on assault charges underway

The trial of state Rep. David Hawk, R-Greeneville, is underway in Greene County Criminal Court. He is charged with aggravated assault on his oan, who was his wife at the time the alleged attack occurred in March, 2012.

From WGRV radio’s recap of Monday’s trial events:
A jury of eight women and six men were seated early Monday afternoon following 3 1/2 hours of jury selection. Former Tennessee Attorney General Paul Summers is serving as the trial judge, with Joseph Baugh serving as special prosecutor and Tom Dillard and Wade Davies representing the defense team.

…Both sides agree on a portion of the events of that night, including that the argument between the Hawks was sparked by a suggestive text message to Crystal Hawk. In his opening statement, prosecutor Baugh stated that David Hawk threw his sleeping wife to the ground after reading the message, then locked himself in their daughter’s bedroom until morning. In the morning, David Hawk continued the argument and slapped Crystal Hawk across the head while she was feeding the baby.

Defense attorney Davies responded by stating that David Hawk was attempting to defend his daughter from an angry Crystal Hawk, and locked himself in her bedroom for safety. In the morning, David Hawk attempted to leave the residence with the child but was confronted by Crystal Hawk, who was holding a gun. David Hawk left the residence and went to a neighbor’s house for protection until his wife left the home and went to her assistant’s house.

Opening testimony came from auxiliary deputy Craig Bowlby, who was the first member of the Greene County Sheriff’s Department to speak with Crystal Hawk. Bowlby testified that he went to the home of Hawk’s assistant on Crockett Lane just before 9 a.m. and that Crystal Hawk was very upset and concerned about her daughter. He noticed a “goose egg” bruise on her cheek and bruising on her arm before leaving the scene as additional deputies arrived.

Deputy Michael MacDonald testified that he went to the Crockett Lane home just after 9 a.m. and observed swelling under Crystal Hawk’s eye along with bruising on her arm and abrasions on her lip. He also testified that Crystal Hawk was very distraught and looking for her daughter. MacDonald also testified that he went to the Hawk residence and was able to get David Hawk out of the home after several minutes before taking him into custody.

(Note: This expands, updates and replaces most of the original post.)

Reps. ‘Reckoning’ Turner & ‘Bullying’ Hawk

Relations between majority Republicans and minority Democrats in the Tennessee House of Representatives are a little on edge these days, observes Andy Sher.
The latest example came Thursday when House Democratic Caucus Chairman Mike Turner, of Nashville, took aim at Rep. Glen Casada, R-College Grove, and one of a series of Casada bills targeting the Tennessee Education Association.
Complaining about what he called anti-union legislation, Turner vowed that “one day there will be a day of reckoning.”
That later drew a rebuke from Rep. David Hawk, R-Greeneville, who complained such “bullying” did not belong in House debates.
Later, both men headed out of the chamber for some heated discussion, but tempers eventually settled down.
Majority Leader Gerald McCormick, R-Chattanooga, who has had his own moments with Turner, took it in stride…. said Democrats are “very frustrated” from their November losses.
“They’re not used to having to actually consult with us, and they’re certainly not used to being outvoted,” McCormick said.
“Those tensions are flying pretty high right now, and it’s understandable, but I think they’ll get used to it,” he said.

Note: There was another rhetorical flare-up in the House Consumer and Employee Affairs Committee last week, perhaps highlighted by Rep. Gary Moore, D-Nashville, declaring that he did not want to serve on a committee where Republican-sponsored bills were being “railroaded.” The dispute revolved around a Casada bill, which could make it easier to deny unemployment benefits to fired workers, and the parliamentary procedure used in approving it. It passed on a party-line vote.