Midlothian, TX — A jury has convicted 50-year-old Tony Fain of obstruction or retaliation and sentenced him to 10 years in prison and a $1,000 fine.
The verdict came August 10 after Fain pleaded not guilty. Jurors heard that on August 6, 2025, he walked into a Midlothian Wells Fargo with a baseball bat and told an employee, “somebody is getting killed today.”
Police found him trying to leave in a vehicle. Officers said he appeared intoxicated and arrested him for the threat and DWI. At a hospital for a blood draw, he told one officer he hoped a car hit him and told another that officers should be “executed.” On the way to jail he said they were “supposed to die.”
At the Midlothian City Jail, prosecutors said he defecated in a cell, spread feces, and threatened to kill a public safety officer. That jail threat became the obstruction or retaliation charge.
The jury found a 2018 obstruction or retaliation conviction true, raising the range to 2 to 20 years. Jurors also heard prior convictions for intoxication manslaughter and assault causing bodily injury to a family member.
Assistant County and District Attorneys Valerie Berger and Loren Collins prosecuted the case.