WAXAHACHIE – Tony Fain, 50 of Midlothian was convicted of the third-degree felony offense of Obstruction or Retaliation on Aug.10, according to a stement released by
Fain pled not guilty, however the jury found him guilty of the offense as charged in the indictment.
According to the release, the jury heard the evidence that on Aug. 6, 2025, the Fain entered a Midlothian Wells Fargo with a baseball bat and threatened a bank employee.
Midlothian Police were dispatched, and arrived as Fain was attempting to leave the location in his vehicle when officers arrived.
After the Fain exited his vehicle, officers noticed Fain appeared to be intoxicated and began conducting a DWI investigation.
Officers also spoke to bank employees, who confirmed Fain brought a baseball bat into the bank and told an employee “somebody is getting killed today.”
Fain was arrested for both the threat he made to the bank employee and for driving while intoxicated.
He was then taken to a local hospital for a blood draw in connection with his DWI arrest.
While at the hospital he told an officer he hoped the officer would be hit by a car while crossing the street.
He told another officer law enforcement officers should be “executed.”
Following the blood draw, officers transported Fain to the Midlothian City Jail.
During transport, Faine told officers “they were “supposed to die.”
While in custody at the Midlothian City Jail, the Fain defecated in a cell and spread feces throughout the room.
He also threatened to kill a public safety officer working at the jail.
Fain was then charged with the offense of Obstruction or Retaliation because of the threat he made towards the public safety officer.
He was then transported to the Ellis County Jail due to safety concerns.
During the punishment phase of trial, the jury heard Fain was previously convicted of Obstruction or Retaliation in 2018.
The jury found the enhancement paragraph to be true, which increased the punishment range from the third-degree felony range of two to 10 years to the second-degree felony range of two to 20 years.
The jury also heard Fain had been previously convicted of Intoxication Manslaughter and Assault Causing Bodily Injury to a Family Member.
Fain was given 10 years in an Institutional Division of the Texas Department of Criminal Justice for a term of ten years and a fine of $1,000.
Ellis County lead prosecutor Valerie Berger said, “Our public safety officers keep our jails operational and safe, and our law enforcement community as a whole are exposed to dangerous situations daily.
“When someone threatens to harm them our community should take very seriously.
“It requires accountability.”