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(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 – Jurors in the Randall Wayne Mays capital murder trial began hearing details of the autopsies of two slain Henderson County Sheriff’s deputies this morning.

Dr. Joni McClain, Southwest Institute of Forensic Science in Dallas, testified deputy Tony Price Ogburn suffered a fatal gunshot wound to the head with multiple skull fractures and extensive trauma.

Mays is accused of killing Ogburn, 61, a five-year veteran from Log Cabin and investigator Paul Steven Habelt, 63, a 13-year-veteran from Eustace, after they came to the aid of a fellow officer last May.

Texas Attorney General prosecutor Wesley Mau questioned Dr. McClain and she gave descriptions of the two men’s wounds.

She testified that both deputies’ wounds were caused by the same weapon and said the reason that Ogburn’s wound was different than Habelt’s was because the wounds were in different locations.

Next the prosecution called a Texas Department of Public Safety crime lab serologist, who told jurors DNA samples taken from Mays matched DNA samples taken from the 30-06 rifle used to kill Ogburn, Habelt and injure deputy Kevin Harris.

Bobby Mims, Mays' lead defense attorney, began questioning the witness, asking if there was any way other than using mathematical probabilities that she could say a specific strand of DNA matched anyone person in the world.

The serologist explained that scientists use certain aspects of the DNA and what they call repeaters to see if they match over a certain length of a DNA strand.

Henderson County District Attorney Donna Bennett then asked if DNA was accepted in court and by the science community, and the witness said it was.

John Bean, firearms examiner at the DPS lab in Tyler, testified that Habelt’s and Ogburn’s weapons were fully loaded when they were received at the lab.

Bean continued, saying that Mays’ 9 mm handgun had three cartridges and one loose shell and accompanying the gun had seven spent cartridge cases submitted to the lab.

Mays was allegedly shooting at his wife, said neighbors who called the sheriff’s office.

Holding the 30-06 rifle allegedly used by Mays to kill Ogburn and Habelt, the examiner said the rifle was fired and spent 30-06 rounds found at the scene came from Mays’ rifle.

Bean testified the 30-06 could hold four shells, and that it had to be manually loaded and the spent casing had to be manually ejected. He said the rifle was stamped with identification showing it was manufactured in 1952.

Bennett asked Bean if the age of the gun mattered in this case.

“It can kill someone right?” she asked.

“Yes,” the examiner replied.

Mau asked Judge Carter Tarrance to discuss the next witness, because the defense had objections concerning the videotape taken by KLTV when Mays was led into the Smith County Jail Sally port.

During that tape, Mays said he did shoot the deputies because he was being mistreated.

“I think it was invading my client’s rights,” Mims said.

Tarrance asked Mims if there was any case law, and he wanted to know who told the media about Mays being transported to the Smith County Jail.

“This kind of thing happens all the time. Law enforcement in Smith County cooperates with the press and we do too when we can,” Mims said.

Tarrance said he sent Smith County Sheriff J.B. Smith a protective order after the said incident.

Arthur Clayborn, a KLTV video journalist, testified outside the presence of the jury that his station stayed in contact with law enforcement over the Mays case, and when Mays was transported to the jail.

“We sort of like to get the 'perp walk,' as we call it,” he said.

Mau asked if the sheriff’s office regularly allows the perpetrator walks, and Clayborn said it was usual practice.

Mims said he felt Mays' rights to have counsel were violated, but he had no case law.

Tarrance asked what the problem was, since in the opening statement, the defense did not deny Mays was involved in the shooting.

“I just feel like it shows intent,” Mims said.

Tarrance said he felt the tape was in a gray area that was allowing the press to interrogate suspects, but he knew of no case law.

“I think it’s a poor practice,” Tarrance said.

Tarrance asked Mau what he thought about the practice.

“I don’t think there is anything that is legally barring the press and the sheriff department from cooperating,”” Mau said. He added there is nothing about Mays being coerced.

Tarrance said because of the defense not contesting that Mays shot the deputies, he would allow the testimony, but if the defense would have been different, then he would have ruled against the admission of the tape.

Kaufman County Sheriff’s investigators told jurors that Texas Ranger Rudy Flores called their agency to assist in the crime scene the day after the shooting.

The prosecution played a 15-minute video taken by the investigators, detailing the interior and exterior of the Mays home with bullet holes and blood splatter.

Also shown in the video were boxes of ammunition for various types of weapons.
The spots where Hablet and Ogburn’s bodies were found were also videotaped by investigators gathering information at the site. The silence and bleats of several goats at the Mays’ home on the video starkly contrasted the screams, gunfire and crying of officers on video played for the jury less than 24 hours earlier.

The investigators said there was at least one security camera in the home in the master bedroom aimed to the west of the home, and that it was an oddity among regular citizens and usually seen in locations used by drug dealers.

The crime scene technicians added they found bullet strikes in the home that were fired into the house from deputies on the outside during the gun battle.

Crime scene investigators said only two cartridge cases were found in the room where the rifle was located, and they determined that Mays used the top of his couch to steady the rifle when he shot and killed Habelt and Ogburn.

Flores testified he examined blood splatters on the back of a Henderson County Sheriff’s patrol vehicle.

Mau asked what the object was that was covered with a sheet in photos depicting the vehicle.

“That was the body of one of the Henderson County deputies,” he said.

As Flores testified how an arterial injury bleeds, several of Ogburn’s family members hung their heads.

“We had a high velocity gunshot wound to Mr. Ogburn’s head, and the head is a closed cavity, but when that is pierced with high velocity, it will cause arterial spurting,” he said.

Next Mau showed the jury and Flores a picture of a Dodge pickup where Habelt was standing when he was shot.

Flores said though the blood splatters were different, there was no reason to doubt both men were killed by the same rifle.

Mims did not cross-examine Flores or two DPS forensic scientists who discussed latent prints or gunfire residue.

Henderson County Sheriff Deputy David Harris, the brother of Kevin Harris, who was injured in the Mays shooting, testified about his recollection of the shooting.
Harris said he first learned of the call by the radio and responded because “It sounded like they needed assistance.”

Bennett asked Harris who he saw at the scene when he arrived.

“When I arrived, I saw several of our deputies with their guns drawn,” he said.
Harris said he saw deputy Bill Jack Valentine, Habelt, Ogburn and Dewayne Sanders when he arrived. Then he saw his brother and deputy Eric Ward.

Harris said he opened his truck and got his body armor, and then began working his way up to the scene.

Harris said he walked past both Habelt and Ogburn and stood to the right of Ogburn.

“When I walked up I observed a man in the house holding a rifle,” he said. "As soon as deputy Ogburn told me to watch myself I heard a shot being fired. The shot struck deputy Ogburn,” he said.

Harris said Ogburn fell to the ground, and he tried to render aid.

“I knelt down beside him and called his name. I tried to render aid, but I couldn’t,” he said. “He had a massive facial injury.”

Harris said he called "officer down" on the radio, but said he never heard another shot that day.

As he was getting up, that is when Harris saw Habelt fall to the ground.

“It appeared he was struck in the head area and he fell to the ground,” he said. “I did not hear that shot. At this point I was trying to re-assess the situation ... when I heard my brother yell out, ‘I’m hit! I’m hit!'" he said.

Harris said he walked along a patrol unit as Sanders drove it until they stopped when he saw Mays in the house.

“I picked up my firearm and aimed it,” he said.

Bennett asked if he fired, and Harris replied “No.”

Harris said he heard Mays scream out he was hit and he was giving up. He said finally Mays came out of the house and he ordered the man down on the ground. After Mays was cuffed and in custody, Harris said he checked on his brother, who had a bullet wound to his leg.

Harris said after making sure his brother would be OK, he went back to both Habelt and Ogburn.

“I knelt down and talked to them both one last time,” he said.

Bennett asked if he saw Valentine after the shooting.

“I found deputy Valentine, and he was crying and sobbing and I just grabbed onto him and took him to the patrol car and comforted him,” he said.

As Harris identified Mays in court, he seemed to hold his emotions in check.

The state rested its case Wednesday.

Updated Wednesday, May 7, 2008 at 5:25 p.m. CDT