Posted 1:01 am Tuesday, May 06, 2008
Randall Mays Capital Murder Trial Begins
By KENNETH DEAN
Staff Writer
ATHENS – Jurors heard an emotional first day of testimony in the capital murder case against Randall Wayne Mays for the shooting deaths of two Henderson County Sheriff’s deputies last May. The accused man sat quietly most of the day, but broke down sobbing at least twice.
Staff Writer
ATHENS – Jurors heard an emotional first day of testimony in the capital murder case against Randall Wayne Mays for the shooting deaths of two Henderson County Sheriff’s deputies last May. The accused man sat quietly most of the day, but broke down sobbing at least twice.
“I remember Billy Jack saying he’s going to fire as I was looking at Tony. It took his head off,” Deputy Dewayne Sanders said as he breathed in deeply trying to maintain composure during the first day of testimony. “I tried to communicate on the radio, “Officer down, Officer down.”
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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.
Sanders, Billy Jack Valentine and Eric Ward were the first deputies to respond to the call. Habelt, Ogburn and others would arrive shortly after contact had been made with Mays and his wife Candace.
Henderson County District Attorney Donna Bennett and Texas Attorney General Prosecutor Wesley Mau began their case with Bennett delivering the opening statement.
Bennett opened, saying that the trial was the result of Mays’ actions after a 911 call.
“When (the deputies) 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.
Bennett told jurors the situation quickly deteriorated from there and ended with two deputies dead and another with a gunshot wound to his leg.
Mays’ defense team of Bobby Mims of Tyler and Steve Green of Athens rebutted Bennett’s statements by Mims saying “This didn’t have 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.”
PRAYERS AND GUNFIRE
Fran Nicholson testified that she called 911 to report Mays shooting at his wife.
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.
“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 said the following moments were filled with gunfire from everywhere: “It was like a war zone.”
Kelly Nicholson, Francis’ daughter-in-law, testified that 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.”
A SOBBING DEFENDANT
During the afternoon testimony, Texas Ranger Sgt. Trace McDonald described photos of Habelt’s and Ogburn’s bodies and evidence.
As the ranger continued answering questions, 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.
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.
“Physically distraught and shaking,” he said.
BITS AND PIECES
One lawman, choking back tears, said he only remembered bits and pieces of the incident.
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 he and Mrs. Mays exchanged some words because the woman was screaming at him to get off her property and that deputies were not needed at the scene.
While Sanders was at the Nicholsons’ home to talk to them about the 911 call and find out more details of the incident he would hear Valentine holler, “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 said 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, and then he watched as Ogburn went to the ground.
Sanders said he looked back over his shoulder and saw Habelt standing, and then he watched as Habelt was shot.
“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.
State Judge Carter Tarrance recessed the jury until 9 a.m. today when testimony is expected to resume.
