Newton County DA recuses self from 2022 murder case after evidence tampering allegations by defense attorneys

Courtesy of Newton County Sheriffs Office

NEWTON, Texas — The Newton County Criminal District Attorney has recused herself from a murder case after defense attorneys alleged evidence tampering. An outside prosecutor has been appointed to continue the case stemming from a fatal 2022 shooting in Deweyville.

Judge Craig Mixson granted Criminal District Attorney Courtney Ponthier's motion to recuse on Aug. 28 and appointed Hardin County District Attorney Rebecca Walton to prosecute Zachary Allen Wilson, 20, who was charged with murder in the June 18, 2022, shooting death of James W. Hollie, 39.

The recusal came one week after defense attorney Cory Crenshaw filed a motion on Aug. 21 accusing prosecutors of altering a toxicology report and seeking dismissal of charges for prosecutorial misconduct.

Wilson was arrested at the scene in the 190 block of County Road 4213 in Deweyville on the day of the shooting in June 2022. Newton County deputies responded after someone reported a man had been fatally shot. Wilson was arraigned the following day and later released on a $75,000 bond, according to file stories.

"I filed this Motion after the defendant's attorneys alleged that another Newton County official altered evidence in the case," Ponthier said in a statement. "I did so in an effort to save the handling of the case from any appearance of impropriety by Newton County."

Ponthier had initially requested the Texas Attorney General's Office take over the prosecution, but Mixson instead appointed Walton. "No evidence of prosecutorial misconduct was found by the Court," Ponthier's statement said.

The defense motion claimed prosecutors provided a redacted two-page toxicology report while withholding a complete four-page version containing information "important to the defense's case." Defense counsel discovered the discrepancy through independent investigation after receiving discovery materials in April 2024.

"The prosecution blatantly disregarded their duty to disclose critical evidence in Mr. Wilson's case," the motion stated. "In fact, the State went so far as to receive the full toxicology report and mangle the full document."

The defense initially requested discovery in November 2022 following Wilson's indictment. The toxicology report showed the presence of amphetamine, methamphetamine, diazepam and THC in Hollie's blood.

Crenshaw's motion argued the withheld information affects trial strategy and potential plea negotiations, claiming "intentionally redacted portions detailed important facts and findings that severely impact the defense's trial plan."

The case was scheduled for trial Sept. 8, 2025. The defense had also requested an in-camera inspection of all state evidence or a continuance if the dismissal motion was denied.

Texas prosecutors are required under state law to disclose all evidence material to a case, with expanded discovery requirements enacted through the Michael Morton Act of 2013 following wrongful conviction cases, according to the motion.

"I welcome and appreciate Ms. Walton's willingness to step in so that justice may be served in this case," Ponthier said.

This is a developing story. We will update with more if and when we receive more confirmed information.

Author: Scott Eslinger (12NewsNow)