Posted 4:53 pm Monday, May 05, 2008
UPDATE: Deputy Testifies He Witnessed Both Fatal Shots
(Editor's Note: Updates are being provided during the day from the trial of Randall Wayne Mays, charged in the May 2007 killings of two Henderson County Sheriff deputies as they responded to a 911 call at his home. More recent updates will be posted at the bottom of this story throughout the day.)
By KENNETH DEAN
Staff Writer
ATHENS – Henderson County Sheriff deputies have a tight rein on security this morning as people stream into the 392nd court for the beginning of the Randall Wayne Mays capital murder trial.
By KENNETH DEAN
Staff Writer
ATHENS – Henderson County Sheriff deputies have a tight rein on security this morning as people stream into the 392nd court for the beginning of the Randall Wayne Mays capital murder trial.
Mays is accused of killing Paul Steven Habelt, 63, a 13-year-veteran from Eustace, and Tony Price Ogburn, 61, a five-year veteran from Log Cabin after they came to the aid of a fellow officer last May.
Henderson County District Attorney Donna Bennett and Texas Attorney General Prosecutor Wesley Mau prepared at the prosecution table as feet away the Mays defense team of Bobby Mims of Tyler and Steve Green of Athens did the same in Judge Carter Tarrance’s courtroom.
Mays, who is also accused of shooting and injuring 40-year-old deputy Kevin Harris on the same day, could face the death penalty in the double capital murder case if convicted.
Officials contend Mays opened fire on law enforcement after they responded to a 911 call. Habelt and Ogburn arrived minutes later to provide backup, but were shot as they exited their patrol cars.
Mays and Harris were also struck with gunfire and both men were rushed to hospitals. Mays has been in custody since the shooting.
Mays, wearing a black suit, was led into the courtroom and shook both of his attorneys’ hands.
Judge Tarrance called the case into session and began hearing a motion from the defense requesting an individual voir dire due to an editorial in the Athens Review.
Mims asked that each juror be questioned to see if anyone had read the editorial stating that law enforcement would be watching the trial. Mims called it an inflammatory article and was concerned his client’s defense had been tainted.
Bennett responded that all of the jurors had already proved they abided by the order to not watch any news or read any articles about the trial.
She said she did not object to the motion and understood if the judge decided to sequester the jury.
Tarrance said he did not believe it was needed at this time, and he denied the motion.
Bennett opened, saying that the trial was the result of Mays’ action after a 911 call. Several deputies arrived at the scene.
“When they arrived at the residence, they talked to the defendant and his wife outside of the home. When Deputy Billy Jack Valentine went to read Mays his rights, the defendant pulled out a knife and attempted to slash the deputy,” she said.
Valentine attempted to talk to Mays after the incident as he took cover and saw the man with what appeared to be a deer rifle, she said.
Ogburn, Habelt and Harris arrived to help and began a conversation with Mays. Bennett said testimony will show Mays then suddenly dived into a window back inside the home.
After a few minutes there was a shot. The shot hit Ogburn in the head. Moments later, more shots rang out, this time striking Habelt and then Harris before Mays himself was finally shot by another Henderson County Sheriff deputy.
Mims said, “This did not need to happen, I believe the testimony will prove their case, and you might ask me why are we having a trial then. Well, because there is a thing at the end of the trial called a verdict, and we are going to fight to try and bring you the truth. There’s no excuses for what happened out there.”
Mims said the shooting happened the same day deputies gathered to remember officers who were killed in the line of duty. Mims added that deputies had been to the home multiple times as the couple had gotten into arguments. He added that Valentine had arrested Mays in 2000 for assaulting him as a public servant when Valentine was a deputy in Kaufman County.
Mims said there was an 18-minute standoff before the shooting began in which other deputies arrived, and Valentine called for a hostage negotiator.
Mims said Mays came out of the home through a window and put down a knife and showed deputies he was not armed. Mims said when Valentine tried to rush Mays, he tripped and Mays jumped back into the home through the window.
“This did not have to happen. Billy Jack Valentine tried to attack Randall Mays,” he said.
Mims said there was a sound like a gunshot at 4:29 p.m., two minutes before Mays ever fired his first shot.
A sergeant over Henderson County Sheriff dispatch said she was working the day of the shooting, and that the tape the jury heard was from the original 911 call indicating Mays had fired shots at his wife. The call was made by Fran Nicholson, who said her son had gone to check on the situation.
The 15-minute tape included radio traffic of deputies going to the scene and at the scene.
Francis Nicholson testified for the state that she did call 911 after hearing gunshots.
“We were outside painting and heard what sounded like gunshots, and I turned and saw Randall shooting at his wife,” she said.
Prosecutor Mau asked if she thought Mays was actually shooting at her.
“I don’t know. He was shooting her direction. I was distracted because I knew it was time for the school bus, and it stops in the curve by their house,” she said.
She then testified that Randall was shooting at his wife Candace. Mau asked what she told dispatchers when she called.
“I can’t remember my exact words to the dispatcher, but I told them he was shooting at Candace and that it was time for the bus and we needed someone out there,” she said. “They were screaming at each other back and forth.”
Mrs. Nicholson said she talked to deputies arriving, and her husband began filing a complaint, but was never able to finish filling it out because Mays ran from officers and back into the house.
"The deputy that was talking to us told us to get down, and he ran that direction,” she said.
Mrs. Nicholson said it looked like deputies had tackled Mays and were trying to get him in custody, but he was able to get up and run.
“That’s when I ran into the house,” she said. But Mrs. Nicholson said she continued watching from her front window. She said more officers arrived and began trying to get him out of the house.
“My phone began ringing off the hook and I dropped to my knees and began praying. I heard a gunshot and when I looked again the only thing I remember seeing was the back of the squad car covered in blood,” she said crying on the stand.
She then said the following moments were filled with gunfire from everywhere: "It was like a war zone."
The next thing she remembered was Mays coming out of the home with blood on him and then being taken into custody.
Kelly Nicholson, Francis’ daughter-in-law, testified that she heard a shot and someone yelling. She said her husband Gerald told her that Mays was shooting at his wife.
She took several photographs of the events as they unfolded with her digital camera. The photos depicted lawmen hunkered down as they took cover.
“They looked like they were trying not to get shot,” she said. "It sounded like they were shouting at him to put down the guns and he was hollering back.”
She said one deputy ran from where he was behind a car and then ran back. Then she heard a gunshot.
“I heard a gunshot then saw the deputy’s hat fall. Then I heard 'officer is down,'” she said. When Mau asked what happened next she said, “I got my son and put him in the bathtub, because the shooting had started.”
Mau asked if she heard more gunfire, and she said yes.
“When he asked how much gunfire, she said “A lot.”
Testimony resumed after a lunch break. Texas Ranger Sgt. Trace McDonald said he arrived at the scene and requested additional rangers to help him to begin the investigation.
As McDonald described photos of Habelt’s and Ogburn’s bodies and evidence, Mays began sobbing uncontrollably. His cries resounded through the courtroom as the microphone on the defense table magnified them. Green handed the man a handkerchief. As he dabbed at his eyes, he muttered a few words and cried again. Jurors looking at the photos also watched the defendant as Bennett continued questioning McDonald.
Mays looked intently at McDonald as he identified the rifle used in the shooting and Ogburn and Habelt’s guns. Later Mays just put his head in his hands as Mims began his questioning of McDonald.
Bennett objected and Tarrance removed the jury when Mims asked a question about any statements taken of Mays at the hospital. The judge had previously warned the attorneys from entering evidence about the statements before the jury. The judge said the questioning could continue, but he warned both parties to stay away from grey areas.
With the jury again seated, Mims asked McDonald if he would say that Candace Mays had any mental retardation and the ranger replied, “I’m not a mental health expert, I just thought she was a little slow.”
Mims asked the questions because Mrs. Mays gave consent for officials to search the house after the shooting. Mims then began questioning about the fence surrounding the Mays home and if officers would need a warrant to jump over the fence.
“I think I know where you are going with this, but on a domestic disturbance call they can go because they have to make sure all parties are safe. Then they could leave or make an arrest,” McDonald said.
On her redirect, Bennett asked McDonald what the demeanor of the deputies involved in the shooting was on his arrival at the scene.
“Physically distraught and shaking,” he said.
Henderson County Sheriff Deputy Dwayne Sanders said he and Valentine were at an office in the west section of the county when they received a domestic disturbance call indicating gunshots were reported.
He said it took him about 12 minutes to reach the location on Crawfish Ranch Road where Mays allegedly shot the two deputies.
"When we first got to the residence, I first noticed a male outside by the house and a female pacing out by the gate,” he said.
Sanders said Valentine climbed the fence and began to make contact with the people at the scene, and he followed.
Said he put his hands up to keep Candace Mays away, because she was up in his face telling him and the other deputies to get off their property.
Sanders admitted to getting verbal with Mrs. Mays, and he admitted that he might have even cussed at the woman.
Bennett asked if there was a time when he told Candace that he might have to arrest her because of her demeanor, and he said he did.
Sanders then testified he was able to get her calmed down and that Mrs. Mays said the deputies were not needed.
Sanders said none of the deputies on the scene ever pulled their weapons, or attempted to take either subject into custody, or tackle them.
He then said he was sent to the Nicholsons' home to talk to them about the 911 call and find out more details of the incident.
Sanders said he radioed Valentine and told him that the Nicholsons were writing a statement and pressing charges.
“When he was writing the statement, that is when I heard, ‘Everybody get back get back. He has a gun.’”
Sanders said he got back in his patrol car and went back to the Mays home. When he got out, he grabbed his shotgun and took cover.
He said Ogburn was standing behind Valentine’s patrol car and Valentine was taking cover near the house.
Sanders said Valentine yelled to be still because Mays was armed.
“I was crouched down with the gun across my car and Mrs. Mays walking in front of my line of fire saying I was not going to shoot her husband, so I moved,” he said.
Sanders' deputy, Eric Ward, tackled Mrs. Mays to get her out of the line of fire and then Mays began sticking his head out of the window and then going back outside.
Sanders said Valentine was pleading with Mays to give up and put the weapon down.
“I remember Billy Jack saying he’s going to fire as I was looking at Tony. It took his head off,” he breathed in deeply trying to maintain composure. “I tried to communicate on the radio, “Officer down Officer down.”
Bennett asked if Sanders heard anyone else saying "officer down."
“No, the only thing I remember is seeing Tony’s body."
Sanders said he looked back over his shoulder and saw Habelt standing, and then he watched as Habelt was shot and his “head explode.”
“I began to return fire with the shotgun,” he said.
Sanders testified the shotgun jammed, so he threw it to the ground and then he grabbed his sidearm and fired a few rounds.
He then said he watched Kevin Harris run across the yard and take a bullet to the leg.
“I heard other shots being fired, and I just shut down and took cover,” he said.
Sanders said then he moved his car to act as a shield before he saw Mays coming out with his hands up, and officers screaming he was under arrest.
Bennett asked if he remembered the entire event, and Sanders said he did not.
“The incident itself was traumatic enough that I only remember bits and pieces,” he said.
Mims asked if Sanders remembered taking a crisis intervention training course just 10 days before the shooting. Sanders said he did take the course.
Mims then referred to the Henderson County Sheriff Department manual on a section detailing how deputies must identify who they were and then ask to gain entry to the residence.
Sanders said he was only on the streets for 10 months at the time of the incident.
Updated Monday, May 5, 2008 at 4:53 p.m. CDT
Updated Monday, May 5, 2008 at 4:53 p.m. CDT
