MIDLOTHIAN, Texas - A 50-year-old Midlothian man who entered a bank carrying a baseball bat and later threatened a public safety officer while in custody has been sentenced to 10 years in prison.
An Ellis County jury convicted Tony Fain on August 10, 2026, of the third-degree felony offense of Obstruction or Retaliation. Fain pleaded not guilty, but jurors found him guilty as charged in the indictment.
The case stemmed from an incident on August 6, 2025, when Fain entered a Wells Fargo bank in Midlothian carrying a baseball bat.
According to prosecutors, Fain threatened a bank employee and said, “somebody is getting killed today.”
Midlothian Police officers were dispatched to the bank and encountered Fain as he was attempting to leave in a vehicle. After he exited the vehicle, officers observed signs that led them to conduct a driving while intoxicated investigation.
Bank employees told officers about the baseball bat and the threat. Fain was ultimately arrested in connection with the threat and for driving while intoxicated.
Officers then took Fain to a hospital for a blood draw related to the DWI investigation.
Prosecutors said Fain continued making threatening statements while at the hospital. He told one officer that he hoped the officer would be struck by a vehicle while crossing the street and told another that law enforcement officers should be “executed.”
During the trip from the hospital to the Midlothian City Jail, Fain told officers they were “supposed to die,” according to evidence presented at trial.
Once at the jail, prosecutors said Fain defecated inside a cell and spread feces throughout the room. He also threatened to kill a public safety officer working at the facility.
That threat resulted in the Obstruction or Retaliation charge for which Fain was ultimately convicted. He was transferred to the Ellis County Jail because of safety concerns.
During the punishment phase of the trial, jurors learned that Fain had previously been convicted of Obstruction or Retaliation in 2018.
The jury found an enhancement allegation related to that conviction to be true, increasing Fain's potential punishment from the third-degree felony range of two to 10 years to the second-degree felony range of two to 20 years.
Jurors also heard evidence that Fain had previous convictions for Intoxication Manslaughter and Assault Causing Bodily Injury to a Family Member.
The jury sentenced Fain to 10 years in the Institutional Division of the Texas Department of Criminal Justice and imposed a $1,000 fine.
“Our public safety officers keep our jails operational and safe, and our law enforcement community as a whole are exposed to dangerous situations daily,” lead prosecutor Valerie Berger said. “When someone threatens to harm them our community should take very seriously. It requires accountability.”
Assistant County and District Attorneys Valerie Berger and Loren Collins prosecuted the case with assistance from Ellis County and District Attorney Investigator Lyle Gensler. The District Attorney's Office also credited the Midlothian Police Department and officers involved in the investigation.
