Published: May 06, 2008 10:08 am      

BREAKING NEWS: Deputy who was near shooting suspect testifies

Billy Jack Valentine, a deputy with the Henderson County Sheriff's Department, testified on Tuesday that he was trapped between two windows when Randall Wayne Mays began firing a .30-06 rifle at deputies on May 17, 2007.

Mays is on trial for the capital murder of Henderson County Sheriff's Deputy Tony Ogburn, 61. Ogburn, along with 63-year-old HCSD Investigator Paul Habelt, was killed that day by shots fired by Mays.

Valentine testified that as a standoff continued between Mays and sheriff's deputies -- who had responded to the Payne Springs residence for a domestic disturbance -- the suspect came outside the house. Valentine then attempted to get between Mays and the front door to keep him from going back inside. Mays was accused of firing a gun at his wife, Candace, leading the call to police.

But instead of getting his hands on Mays, Valentine said he tripped on a water hose. A startled Mays ran back inside and began firing at the officers. One of the first shots hit Ogburn in the head.

Valentine, only feet away from where Mays was shooting, took cover between two windows. One of the images Valentine testified to seeing was a cowboy hat flying in the air where Ogburn had been hit.

Jurors took a brief break Tuesday morning in advance of the playing of a video tape expected to last about an hour. That tape, taken from the dash board of a police vehicle, contains some video from the incident.

At one point during the morning session, Tarrance instructed Mays -- who began weeping loudly Monday at the site of photos of Ogburn's body -- to keep from having emotional outbursts during testimony.

"I know the testimony can be ...," Tarrance said, before Mays interrupted and finished the statement by saying, " ... can be untruthful?"