East Texas

By BETTY WATERS
Staff Writer

HENDERSON -- A jury acquitted a man Tuesday who was charged with retaliation after he was assaulted in 2006 while handcuffed by two Rusk County officers.

The Rusk County fourth judicial district court jury deliberated approximately 45 minutes before returning the unanimous verdict in the case of Shawn Wright after attorneys debated over the meaning of state law.

A Rusk County grand jury earlier had indicted Wright on a third degree felony retaliation charge of intentionally and knowingly having threatened Terry Hoskins on Aug. 28, 2006, on account of Hoskins' service and status as an informant by having stated in a voicemail message for Hoskins, "I'm coming to get you now."

Wright did not testify. Other witnesses testified Wright made the threat, but could not say Wright knew Hoskins was a "snitch" when he made that phone call, although they said he knew when he made a second call a few minutes later. Witnesses included Hoskins, his wife Jennifer; former Deputy Brandon Davidson and Deputy Kevin Roy.

Wright's attorney, R. Daryll Bennett, argued that before Wright could be convicted, the prosecution had to prove -- because of wording in state law -- that Wright knew Hoskins was a snitch or informant at the time he made the threat.

There was no evidence he knew, Bennett maintained.

But prosecuting Texas Assistant Attorney General Wesley Mau theorized the threat heard on a tape played in court constituted retaliation "knowingly done" since Wright believed Terry Hoskins was an informant working with law enforcement to help make cases.

The state maintained that, according to former Lt. Johnny Davidson Jr., who served a warrant on the defendant and took him to the sheriff's office, Wright made threats against his son, Brandon Davidson, and he continued to make threats even when he knew a police officer was involved.

Davidson and former Chief Deputy Daniel "Dusty" Flanagan have been convicted of assaulting Wright in the Rusk County Jail while Wright sat handcuffed in a chair.