Tearful Testimony in Yacht Murder Trial

Shaking 'Uncontrollably'

After two years living out their dreams of a life together on the Pacific Ocean, the Hawkses felt the emotional tug of family and decided it was time to move to Arizona to be with grandson Jace, born in August 2004. They put their yacht up for sale for $440,000.

On Nov. 15, 2004, the final night of their lives, the Hawkses steered their yacht out of southern California's Newport Harbor just before sunset with Deleon, Machain and Kennedy on board.

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Deleon, who had told the Hawkses he was interested in buying the boat, said he wanted to be taken out to sea so he could swim below and examine the bottom of the yacht.

Without warning, the terror began, according to testimony.

Machain testified that as they sailed the Pacific that day, he was talking to Jackie Hawks in the kitchen when he noticed, "Mr. Kennedy had Mr. Hawks in a neck lock."

Machain said he took that as his cue, as he was "in charge" of Jackie, and quickly moved in and "tried to get in on her."

"But she was biting," he said. "I managed to get a wrist lock [handcuff] on her."

The men forced the couple to sign ownership documents and power-of-attorney papers over to Deleon, repeatedly telling at them that "if they cooperated they would be let go," Machain said.

Deleon took out a laptop computer and started demanding the couple's personal information, including Social Security numbers, dates of birth and Jackie Hawks' maiden name, according to Machain.

Yacht Couple Handcuffed, Pleaded for Their Lives

The men handcuffed the couple and covered their mouths and eyes with duct tape. They were forced on top of their bed, where Machain was assigned to "baby-sit" them for several hours while Deleon searched for an anchor, Machain told jurors, adding that Jackie Hawks was crying and her hands were "uncontrollably shaking."

After several hours, Machain said the tape over the Hawkses' mouths became loose enough that he could understand what they were saying. He said that Jackie Hawks said over and over that "she did not want to die, she wanted to see her grandson."

Machain said he witnessed Tom Hawks trying to comfort her and "tell her everything was going to be OK."