Published: May 06, 2008 08:48 am      

An emotional start

Mays, witnesses tearful on first day of trial in sheriff’s deputy’s death

The first day of the capital murder trial of Randall Wayne Mays was an emotional one.

Even for Mays himself.

Mays began weeping while photos of the body of Henderson County Sheriff’s Deputy Tony Ogburn — who he shot and killed — were shown to the jury as the state began presenting its case.

Mays’s capital murder case began Monday in Judge Carter Tarrance’s 392nd District Court. If guilty, Mays could face life in prison or the death penalty.

Henderson County District Attorney Donna Bennett used the photos of Ogburn, 61, to show the jury the aftermath of what began as a disturbance call on May 17, 2007. By the end of the ordeal, Ogburn was killed along with Henderson County Sheriff’s Investigator Paul Habelt, 63. Both were shot with a .30-06 rifle. A third deputy, Kevin Harris, was wounded but survived.

Mays has pleaded not guilty.

On the day of the shootings, the Henderson County Sheriff’s Department received a 9-1-1 call around 3:30 p.m. from Fran Nicholson. The woman said her neighbor, Mays, was shooting at his wife, Candace.

Henderson County Sheriff’s Department deputies Billy Jack Valentine, Dwayne Sanders and Eric Ward were dispatched to the Payne Springs residence of Mays. Valentine and Mays were no strangers. Valentine, while working in Kaufman, had arrested Mays for assault of a police officer in Henderson County. Those charges were dismissed, according to defense attorney Bobby Mims, who is representing Mays.

Sanders testified Monday that while he was receiving a written complaint from the Nicholsons he heard Valentine yell from the Mays property, “Everybody get back, get back. He’s got a gun.”

“The incident itself is traumatic enough — it’s just bits and pieces,” Sanders said about his lack of remembering much from May 17.

Once Sanders arrived back at the house he pulled his shotgun out of his vehicle and crouched behind his car. Ogburn was crouched behind the trunk of the police cruiser next to Sanders.

While preparing to talk to Ogburn over the radio, Sanders said he was looking at Ogburn when he was fatally shot by Mays — who was shooting from the corner window of his house.

“I fell back astonished and shocked,” he said. “I tried to communicate, but at that moment all I could still see was Tony’s body.”

Sanders then saw Habelt run toward Ogburn’s body waving his arms moments before he, too, was fatally shot.

“I don’t know who he was trying to communicate with,” said Sanders, who had only been on street patrol for 10 months before the incident.

Nicholson, who could see most of the incident from her front window, told the jury she told her granddaughter to stay in the back of the house. While walking back to the living room window Nicholson dropped to her knees and began praying.

“My husband walked in (to the house) and said ‘It doesn’t look good,’” she said through tears. “I slowly raised myself up to the window and the last thing I can remember is the back of a squad car covered in blood. It was like a war zone.”

“This did not have to happen,” Mims told the jury during opening statements.

Mims described Mays as a “throwback to someone you would expect to live in another generation.” He also called his client “an unusual individual.”

According to Mims, at one point during the standoff officers were able to talk Mays out of his house. While Mays was outside Valentine rushed him from behind, but tripped. Mays was startled and jumped back into the window of his house. Valentine was left stuck at the corner of the house between two windows.

Mims then admitted to the jury that Mays shot the officers.

“Mays came out. Emotions were all out. This did not have to happen. ... Randall Mays did it,” he said. “Randall Mays shot him.”

He added that the defense would not give excuses for the murders, but attorneys would try to explain why actions were taken and what the truth is.

“Not only do you deserve the truth, but the public deserves the know the truth.”

Testimony is expected to continue Tuesday at 9 a.m.