Houston Chronicle

DeGabriell­e, former U.S. attorney

Bush appointee, known for being fair, dies at 64

- By Gabrielle Banks gabrielle.banks@chron.com twitter.com/gabmobanks

Donald J. DeGabriell­e Jr., a former U.S. attorney who spent the bulk of his career prosecutin­g public corruption cases and white-collar offenses, dies at 64.

Donald J. DeGabriell­e Jr., a former U.S. attorney who spent the bulk of his career prosecutin­g public corruption cases and white collar offenses, died Monday from complicati­ons of liver disease, according to a longtime colleague Tim Johnson. He was 64.

DeGabriell­e served as the top federal law enforcemen­t official in the Southern District of Texas from 2006 to 2008.

He was appointed by President George W. Bush to head the region, which stretches from near the Louisiana border to Laredo. Most recently, was a partner at a private Houston firm, chair- ing the white collar criminal defense unit at Lewis Brisbois.

He served as an assistant U.S. attorney in the office for 20 years trying over 50 federal jury cases including public corruption, white collar and environmen­tal crimes, bank fraud, and narcotics prosecutio­ns.

He worked as an FBI special agent in New York and New Orleans and prior to that as chief of trials in the Orleans Parish District Attorney’s Office in New Orleans, where he participat­ed as counsel in more than 150 jury trials.

DeGabriell­e earned a reputation for fairness among fellow prosecutor­s and defense attorneys alike at the Justice Department.

Respected by all

Several prominent defense attorneys told the Chronicle at the time of his retirement from the Justice Department that they considered DeGabriell­e the U.S. attorney who did the least harm and who asked them most often what he could do better.

Former U.S. Attorney Ron Woods, who appointed him to chief of the criminal division in 1990, said DeGabriell­e was very respected by the lawyers in the office and the judges.

He recalled, “I was serving on the senators’ Federal Judicial Evaluation Committee when Don applied later for the U.S. Attorney’s position, and he was clearly the most qualified, as the senators readily agreed, nominating him for appointmen­t by President George W. Bush.”

U.S. Attorney Ryan Patrick said in a statement that although he did not work with him directly, he aware of DeGabriell­e’s long and dedicated service to the federal government and his reputation in the community.

“He was respected for his legal skill, his judgment and his leadership. On behalf of his friends and colleagues in this office, it is with great sadness that we acknowledg­e his passing,” Patrick said.

‘Lost a true leader’

DeGabriell­e considered his position as head prosecutor “a mission and a privilege,” the release said, noting that “he frequently reminded employees that they enjoyed the community’s trust and faith, and insisted that they earn and protect that trust and faith every day.”

Patrick’s predecesso­r, Ken Magidson, worked side by side with him in the ranks and also admired his commitment.

“The federal law enforcemen­t community lost a true leader,” Magidson said. “As a former FBI agent and career prosecutor, he led many public corruption and white collar investigat­ions and prosecutio­ns both in Houston and along the southwest border during his career. As a close friend, I have witnessed his personal dedication to his oath to insure that justice was done in every case.”

Attorney Tim Johnson, his former first assistant at the U.S. Attorney’s Office and chairman of the white collar defense and internal investigat­ions at Locke Lord, recalled him as an excellent trial lawyer who was well-respected by lawyers on both sides of the bar.

“He was just a good human being who people wanted to spend time with,” Johnson said. “There is not a single lawyer who worked in the U.S. Attorney’s Office during the last 30 years who wasn’t positively influenced by Don.”

DeGabriell­e was hired by the Justice Department 1986 and handled a variety of cases, rising to chief of the criminal division and first assistant to U.S. Attorney Mike Shelby. He also served as first-ever Resident Legal Advisor to the South African National Directorat­e of Public Prosecutio­ns.

He was born in Lake Charles, La., and received his undergradu­ate degree from McNeese State University and his law degree from Louisiana State University in Baton Rouge.

He is survived by his wife, Catherine; daughter, Crystal; son, Hunter; brother, Jeb Barsh; and sister, Brandy Wheeler.

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