Legal Ethics

Former client posed murder hypothetical, lawyer testifies

  •  
  •  
  •  
  •  
  • Print.

An accused killer pleaded no contest to a charge of manslaughter last week after learning his former lawyer would testify against him.

Darryl Mack, 22, was sentenced to 20 years in prison in the shooting death of Tavish Greene in a botched robbery, the Panama City News Herald reports.

The lawyer, Timothy Hilley, testified that Mack posed a murder hypothetical in a jailhouse interview while he was awaiting trial for Greene’s slaying, according to a transcript of the closed-courtroom testimony released after Mack’s sentence. The News Herald summarized Hilley’s testimony.

Hilley said Mack asked what would happen if a witness to the murder were unavailable for trial. Hilley says Mack asked if the witness’ statements could be used if he was murdered,

“I said, ‘No, it would be hearsay,’ ” Hilley recalled.

Mack then asked “How much time do I have?” Hilley said. “And I didn’t catch it at first,” Hilley testified, “but then he asked again, ‘How long before trial?’ ”

Prosecutors say Mack was apparently referring to a witness to Greene’s shooting death who had agreed to testify against Mack in exchange for a sentence of probation.

Hilley reported the incident to the State’s Attorney’s office because the slain man, Greene, was himself a witness to a murder.

During his sentencing hearing last Thursday, Mack had said that Greene “did have a hit on his head, but he robbed me. It didn’t go down like that. There was a shootout,” according to earlier coverage by the Panama City News Herald. Prosecutors, however, had alleged that Greene was the robbery victim.

Updated on March 2 to correct typo in sixth paragraph.

Give us feedback, share a story tip or update, or report an error.