Published: May 07, 2008 02:47 pm      

BREAKING NEWS: Ogburn, Habelt didn't fire weapons at scene

Testimony in the capital murder trial of Randall Wayne Mays on Wednesday revealed Tony Ogburn and Paul Habelt — officers with the Henderson County Sheriff's Department — did not fire their weapons at the scene of a domestic disturbance call that led to their shooting deaths.

Mays is accused of fatally shooting Ogburn, 61, and Habelt, 63. Mays is on trial first for Ogburn's death. The trial began Monday in Judge Carter Tarrance's 392nd District Court.

If found guilty of capital murder, Mays could face life in prison or the death penalty.

A gunshot residue examiner and a firearms expert each testified that the two officers' weapons had not been fired that day and that neither had gunshot residue on their hands. Ogburn and Habelt were shot while taking defensive positions at the Payne Springs residence of Mays, who held officers at bay with a high-powered rifle.

Also Wednesday, Henderson County Sheriff's Deputy David Harris Jr. testified about his role in the standoff the day of the shootings, May 17, 2007. Harris — whose brother, Kevin, was wounded in the shootout — testified he was standing next to Ogburn when he was hit in the head by a shot from Mays' rifle. Harris said he was attempting to check on Ogburn when Habelt was hit, also in the head. He then headed toward Habelt. Both officers died immediately.

Moments later, a bullet struck his brother.