Blames His Problems On Nightclub Operator Darrin Webb
posted April 25, 2005
Billy Hawk was sentenced Monday afternoon to 20 months in federal prison for illegal gun possession, though he pleaded to be let out on his six months he has served.
Judge Allan Edgar said Hawk had two prior convictions involving weapons and violence and said he was not eligible for the minimum. But he also did not give him the maximum 37 months.
Hawk blamed his problems on nightclub operator Darrin Webb, who became involved with him in running Michael's Restaurant on Brainerd Road.
Hawk claimed Webb embezzled money from the restaurant, stole equipment from it, then burned it. Webb has denied burning the club. No one has been charged with the arson. Webb said the equipment was his own. Agents said Webb passed a lie detector test about the fire.
Attorney Mike Richardson asked for the minimum sentence, saying Hawk did not know that a misdemeanor conviction in 1994 meant he could no longer possess weapons under federal law.
He also said the large number of guns he possessed mainly came from an extensive gun collection passed down by his father, Bill Hawk Jr.
Dr. James A. Phillips, dentist for the Hawk family, said gun collecting was the passion of the elder Hawk. He said, "He was very proud of it."
He said they would also go several nights a week to shoot weapons at a local shooting range.
Of the younger Hawk, Dr. Phillips said he had "always been a gentleman. I don't think he had any criminal intent whatsoever."
Rev. Rusty Taylor, United Methodist minister, said the elder Hawk had "the most unbelievable gun collection I have ever seen. At one point he owned every Browning that had ever been produced. It was not just in one gun safe. It was in several gun safes. It was something."
He said he believes the younger Hawk is "genuinely repentant."
Billy Hawk testified that he collected guns with his father "all my life." He said his father had "a very cherished gun collection." He said of getting the guns, "I never dreamed I was in violation of any law."
It was testified that the ATFE now has the 119 weapons in the collection and plans to destroy the guns not considered collectibles along with a large cache of ammunition. The collectible guns are to be returned to Sue Hawk, widow of Bill Hawk Jr.
Hawk said after his father died and willed the guns to Sue Hawk that she told him to "take the guns at my leisure." But attorney Jeff Hollingsworth testified that Hawk took the guns without permission.
Mr. Hawk told of taking over the family's Holiday Bowl units on Brainerd Road and Hixson Pike after his father's death. He said they were failing, but he turned them around in three months.
But he said his younger brother, Bob Hawk, then returned to town with his wife, Bay, and their children. He said the Bob Hawks had left town and taken their children with them after the elder Hawk fired Bob Hawk at the bowling alley. He said they went to Washington state and changed their name to Jauck. He said they only returned after the death of Bill Hawk Jr.
He said after their return, the mother sided with Bob Hawk. He said he (Billy Hawk) was then dismissed from running the bowling alleys.
He told of suing his mother, and he said that case was later settled out of court.
Billy Hawk said he has no memory of an incident in which he and Darrin Webb drove to Ooltewah in camouflage clothing and with several weapons. He said Webb "set him up" in that incident.
Prosecutors said Webb taped Hawk saying he was going to "annihilate a family."
Hawk said after he started Michael's he was told that he needed to meet Darrin Webb. He said he agreed to so so, though he said he had never heard the name before.
Hawk said he was at a race in Bristol the weekend when Michael's burned down. He said Webb "on Saturday night stole the equipment. The following night, in my opinion, he burned my building down."
Hawk also said when he was at the Hamilton County Jail that Webb "put a hit on me." He said two inmates told him about it. He said he was immediately moved to the Bradley County Jail.
Hawk said he bought a weapon after the Michael's incident for protection. He said his wife ordered it and gave it to him as a birthday present.
It was also testified that he got a gun from Webb as a Christmas present. It was described as a 50-caliber Desert Eagle handgun. It was found in the gun safe.
Hawk told about the incident where he was charged with an assault misdemeanor in 1994 after getting his rights restored in 1992 following a conviction 10 years earlier. He said his former wife was stalking him and came to his residence in Greeneville. He said she threw a river rock through a window of his house while he was standing at the window. He said he took a gun outside and fired to try to hit one of the tires after she ran the vehicle at him three times.
ATFE Agt. Andy Anderson said not all of the guns in the collection are collectibles, but a number are readily available at any gun store.
Prosecutor Chris Poole said Hawk has met with authorities several times, but said he has not been especially helpful. He indicated there could be a cut in his sentence if he provides more help in cases against other defendants.
Webb appeared earlier in the day at an arraignment before Magistrate Bill Carter.
He is charged in cases involving alleged payments to a General Sessions Court clerk to get cases fixed. His trial date is June 21 before Judge Edgar.
Webb could get up to 20 years.
| Dining Out | Business | Movies | Focus | About Us |
| Church | Living Well | Memories | Outdoors | Real Estate | Student Scene | Travel |