Athens Review, Athens, Texas

Breaking News

Local News

Discussion

May 8, 2008

MAYS TRIAL: Shootout survivor testifies at Mays case

By Angela Weatherford

Kevin Harris remembers lying on his back on May 17, 2007 — shot with a rifle so powerful, the bullet broke his leg.

He couldn’t move, and on Wednesday, during the third day of testimony in the Randall Wayne Mays capital murder trial, he recalled seeing the defendant — who had just killed two of his fellow officers — close in on him while holding a handgun.

Nearly a year to the day from the shootings, Kevin Harris now works in an office because his leg is no longer strong enough for him to serve as a deputy.

Kevin Harris testified that after being shot, he began firing his shotgun over his head and toward the house where Mays was taking cover.

“I kept shooting until he was out of my line of fire,” he said.

Before being shot, he said he was crouching behind a shed on the Mays property when he heard the first gunshot.

“Officer down,” yelled Deputy David Harris — Kevin’s brother — over the radio. Deputy Tony Ogburn, 61, had been killed. It is Ogburn’s death for which Mays is being tried.

Mays faces life in prison or the death penalty if convicted.

The state, led by Henderson County District Attorney Donna Bennett, rested its case Wednesday.

A few seconds after the first, fatal shot, another shot rang out. Again, Kevin Harris heard, “Officer down. He shot Paul.” Investigator Paul Habelt, 63, had been shot in the head and killed.

“I was thinking there were going to be other officers meet the same fate,” Kevin Harris testified.

He said he decided he would storm the house where Mays was barricaded and unload his rifle into the house. He ran to the end of a shed, and when he turned the corner to the house, he saw Mays standing in front of him with a .30-06 rifle.

As Kevin Harris dove back behind the shed, he was shot in the right leg. Unable to move, he was now exposed to Mays’ line of fire.

Mays then pulled out a pistol, and Harris said he was the target. He then rolled over on his back and laid the rifle across his chest, shooting nine to 10 rounds at Mays, who was later wounded.

Also Wednesday, David Harris testified he was standing a few feet from Ogburn when he was killed.

“He said, ‘Watch yourself,’ to me and then there was a gunshot,” David Harris said. “The shot struck Deputy Ogburn, and he fell to the ground.”

David Harris said he knelt beside Ogburn to see if he could render aid. He could do nothing, as Ogburn died immediately.

After communicating with an officer, David Harris said he started standing up and then saw Habelt fall to the ground.

“It appeared to me he was hit in the head area, but I didn’t hear a shot,” David Harris testified.

As he was checking Habelt to see if he could administer any aid, he heard his brother scream out, “I’ve been hit!”

“The strange thought I had was I could understand him, so he must not be hurt too bad,” he said.

A few minutes later, David Harris saw Mays through a window in the house.

“I aimed my gun at him,” he said while pantomiming holding a handgun with both hands, “but I did not shoot. I heard him say ‘I give up, I quit,’ so I started barking commands at him.”

After investigators apprehended Mays, David Harris checked on his brother. He then went back to the bodies of Ogburn and Habelt.

“I was just checking one more time,” he said.

Department of Public Safety forensic scientist Thomas White testified that neither Ogburn nor Habelt shot their weapons during the shootout.

White said that gunshot residue — which is usually found on the hands of individuals after they shoot a gun — was not found on either officer’s hands.

To further prove the point, forensic scientist John Bean — who performed examinations on all the firearms used in the shootout — said Ogburn’s and Habelt’s guns were both fully loaded.

The jury was shown the rifle Mays used with a scope on it during Bean’s testimony. He explained to the jury the use of a scope on a gun.

“The purpose of (a scope) is to magnify the target,” he said, “so that you are confident you will hit your target.”

Mays’ defense attorney, Bobby Mims of Tyler, is expected to begin putting on his case when the trial resumes at 9 a.m. Thursday in Judge Carter Tarrance’s 392nd District Court. It is unknown at this time whether Mims will put Mays on the witness stand.

Text Only
Local News
  • Parking lot altercation leads to arrest

    Athens police, acting on a 911 call, drove up on a an altercation at 505 S. Palestine St. at the Save-a-Dollar parking lot just after 7:30 p.m. Thursday.

    May 25, 2012

  • One arrested, two released after cocaine discovery

    It probably wasn't the best place to hang out — the Henderson County Judicial Center parking lot on West Corsicana Street — not with a quanity of cocaine inside the console of the car.

    May 25, 2012

  • Primary voting Tuesday

    Ready, set, vote.
    The polls open Tuesday at 7 a.m. in the Democratic and Republican Primaries. Henderson County candidates run the gamut from first-timers to long-time incumbents.
    Some county voters will be traveling to new polling places for this round of balloting, after the much-debated redistricting process.

    May 25, 2012

  • Henderson County communities participate in Click It or Ticket

    It's not a good weekend to get out on the state highways without buckling up.
    In fact, that's probably true every weekend.
    But the 11th annual Click It or Ticket Seat Belt Mobilization Campaign is under way, now through June 3, 2012.

    May 25, 2012

  • martha & mary pic.jpg ‘Martha and Mary’

    The Henderson County Performing Arts Center, in conjunction with Elite Barrel Racing, announces the World Premiere of local Playwright R.G. Haynie’s newest play, “Martha and Mary,” on May 31  at 7:30 p.m., with additional shows on June 2, June 7, June 8 and June 9  at 7:30 p.m., with matinees at 2 p.m. on Sunday, June 3 and Sunday, June 10  at the theatre complex, located at 400 Gibson Road in Athens.

    May 25, 2012 1 Photo

  • DSC_0043.JPG Slide Show- Old Fiddlers Reunion The Fiddlers Reunion is in full swing around the Athens Courthouse. Final winners and street dance Friday night. Photos by Kathi Nailling

    May 25, 2012

  • Fiddler's1.JPG Fiddlers firing up

    You can get on out of that bed now, and get yourselves down to the courthouse square.
    The fiddlers are firing up, and they'll be going until the clock strikes 12 with the street dance, as the 81st Annual Old Fiddlers Reunion gets into high gear.

    May 24, 2012 2 Photos

  • Rachaelle Browning.jpg Valedictorian & Salutatorian

    The Athens High School Valedictorian of 2012 is Rachaelle Browning. She is the daughter of Wes and Jan Browning. Rachaelle will be attending the University of Texas at Austin in the fall of 2012 and plans to major in Aerospace Engineering.
    Rachaelle has participated in various extracurricular activities throughout high school in preparation for a career in engineering.

    May 24, 2012 2 Photos

  • At the start.JPG 3rd annual Hornet Fun Run continues through today

    Fourth graders participated Thursday in the 3rd Annual Hornet Fun Run at the Cain Center.  Above is the beginning, when the children would run one mile.  At left, Isaac Garcia is shown taking overall first place.  Second place honors for boys went to Armondo Garcia, and Third place Case Friedrich.  Girls first place was Taylor Stiles, second place Veronica Campa and third place honors went to Semia Brazier. See those that placed, both boys and girls, on Page 14. The fifth grade will run today.

    May 24, 2012 4 Photos

  • Witnesses aid in suspects’ capture

    Timing is everything, and one would-be burglar apparently didn't have it during a burglary at a home on North Murchison Street near Athens.
    Witnesses saw the burglary as it was happening, and one homeowner, Billy Stewart, fired three rounds at the burglar, as he was driving off his property with a stolen yellow 4-wheeler.

    May 24, 2012