Mark Austin Hawkins was 20 when he was shot and killed outside his home in the 2300 block of River Road in Wichita Falls, Texas, on April 20, 2014. He had answered a call to sell an ounce of marijuana to Willie Maurice Hervey Jr., who arrived with $250. A dispute over the quantity escalated into a struggle for a 10-mm Glock handgun Hervey had brought for protection, and Hawkins was fatally shot during that struggle.

Hervey was arrested and charged with Hawkins’ murder. His defense at trial argued the shooting was accidental and that he did not intend to pull the trigger, but a jury convicted him and he was sentenced to 70 years in prison on April 5, 2017. An appeal later argued the jury instructions should have allowed consideration that Hawkins might have pulled on the gun; the Fifth District Court of Appeals in Dallas agreed and ordered a new trial, and the State Prosecuting Attorney and Wichita County District Attorney have petitioned the Texas Court of Criminal Appeals to review that decision.