WhitehouseTexas.com

A Tyler man charged with raping a woman as she worked at a Whitehouse business was re-arrested Friday after a judge doubled his bond.

Nathaniel Hawkins Jr., who is charged with aggravated sexual assault, was in 241st District Judge Jack Skeen Jr.’s court Friday with about a dozen friends and family.

The 24-year-old was arrested Aug. 11, the same day he allegedly entered The Market, 303 N. Texas Highway 110, and attacked a 20-year-old woman. His bond was set at $200,000 and on Aug. 13, his family posted the money and Hawkins was released from jail.

But after he was indicted for the first-degree felony on Aug. 25, Skeen raised his bond to $400,000. Although Hawkins’ former bond had not yet been revoked, defense attorney Tonda Curry requested Friday that his bond be lowered back to the $200,000 amount so he could remain free pending his trial.

After the judge’s order to allow the $400,000 bond to stand and Hawkins was sent back to jail, a consultant and spokesman for Hawkins and his family, Lesly Gatheright, said he would investigate the matter, calling the bond excessive, improper and a constitutional issue.

The Eighth Amendment states that “excessive bail shall not be required.”

Gatheright said he was appalled at the decision, adding that it was arbitrary and an excessive use of force by authorities. He said he was concerned because he believed the case has been “extremely inflamed.”

“I want justice. If this man is guilty, I will accept what he’s got coming,” Gatheright said, adding that the excessive bond was not proper justice.

During the hearing, Ms. Curry told the judge that Hawkins has been out of jail for more than a month and has caused no problems and hasn’t fled, although he was aware he could be sent back to jail on Friday. She said the $200,000 was a sufficient amount and presented the judge with several other first-degree felony cases, including aggravated sexual assaults of children and murders, with lower bonds.

Assistant Smith County District Attorney Joe Murphy said Skeen must consider the nature of the offense - a violent, sexual assault - and the safety of the alleged victim and the community.

He said Hawkins entered the location and threatened the victim with what she thought was a shotgun but police later discovered to be a hammer, which could be used as a deadly weapon. Hawkins raped the woman and left, he added.

Hawkins’ grandmother testified that the family paid the $20,000 - 10 percent of the bond - with cash and about 13 acres of land worth more than $150,000 as collateral. She said Hawkins has been staying with her since his release instead of his foster parents. The family also retained Ms. Curry as his lawyer. She said she didn’t know how the family could come up with more money if his bond was doubled, although they do own more land and houses.

Hawkins was a meat processor at a grocery store for several years but was suspended because of the charge, she said.

Bail bondsman Bill Bobbitt testified that Hawkins has lived in Smith County his entire life, as does his family. He said nothing in the defendant’s background caused him concern when he negotiated the previous bond with his family. He said he didn’t recall ever bonding anyone out for $400,000 for the particular charge.

He said there is always a risk in every case that the defendant won’t show up for court and there is no way to ensure that they won’t commit offenses while free on bond.

Ms. Curry said the motion to lower her client’s bond was not because his family couldn’t afford it. She said there was no reason to revoke the $200,000 bond because there’s no evidence that it is insufficient.

Murphy said it was not unusual for the court to raise a defendant’s bond after their indictment. He said bonds are set to ensure they will show up to court, are based on the nature and circumstances of the offense and to ensure the safety of the victim and community. He said the $400,000 bond was reasonable and should remain.

Hawkins was arrested after the alleged sexual assault victim identified him as the man who raped her. Officers converged on the area and he was taken into custody about 30 minutes later as he attempted to get into his car.

Police said the woman reported that he threatened to kill her if she told anyone.