Athens Review, Athens, Texas

Breaking News

Local News

May 9, 2008

Defense: Mays suffers from paranoia

Judge to decide if jury can hear testimony

The jury in the Randall Wayne Mays capital murder trial sat in the jury room all afternoon Thursday while the prosecution and defense argued over Mays’ mental state.

Mays’ defense team, led by Bobby Mims of Tyler, asked 392nd District Court Judge Carter Tarrance to allow testimony of two psychiatrists who would testify to Mays’ state of mind during the May 17, 2007, shooting and afterward.

Mims said Mays’ mental state wasn’t going to be used as a defense, but as evidence.

“The jury will make whatever decision they will,” he said. “This is not going to confuse them. It will help to clarify.”

Mays is being tried for the murder of Henderson County Sheriff’s Department Deputy Tony Ogburn, 61. If convicted Mays could receive either life in prison or the death penalty.

He pleaded not guilty on Monday.

Ogburn and Investigator Paul Habelt, 63, were fatally shot a year ago this month at the Mays residence in the Payne Springs area during a standoff.

Tarrance informed the lawyers he would make a decision about the witnesses Thursday afternoon. That decision is expected to be known Friday morning.

Psychiatrists Dr. Theresa Vail and Dr. Gilda Kessner testified outside the presence of the jury that Mays has a “paranoid thought disorder” causing him to believe people are “out to get him.”

Vail — who has treated Mays during his time at the Smith County Jail — said Mays wouldn’t take the medicine she prescribed him because he was afraid people were trying to poison him.

“He thought the black officers were out to get him and were plotting against him,” she said.

However, both psychiatrists also said Mays — even with paranoia — could knowingly pull the trigger on a gun and shoot someone.

“He can form a plan to carry out an action and would be able to know the consequences of that action,” Vail said.

Although Kessner has not personally examined Mays she has studied documentation provided to her by the defense. She said she holds the opinion that Mays is never free of his disorder.

Wes Mau, an attorney with the Texas Attorney General’s Office who is assisting Henderson County District Attorney Donna Bennett with the prosecution of the case, said the defense will try to argue in its closing statements that Mays is not guilty because he was paranoid at the time he shot Ogburn and Habelt.

The defense also called HCSD Deputy Billy Jack Valentine back to the stand Thursday.

During his testimony, Valentine said one of Mays’ brothers was executed for capital murder and another was shot during a burglary.

Valentine also testified to an encounter with Mays in 1999 when he pulled Mays over for reckless driving and then was punched in the head by the defendant.

Bennett asked Valentine if he felt he could have done anything different on May 17.

“The only thing I could have changed is if I’d shot earlier,” he answered. “I did everything in my power to end it peacefully. All he had to do was come out.”

Local News
  • AEDC board approves two performance agreements

    The Athens Economic Development Corporation Board of Directors approved two performance agreements on Thursday.
    The proposed agreements with Abby Development and the Athens Jet Center are very similar, said AEDC President/CEO Brian Malone.
    He said the agreement with Abby Development provides a maximum incentive of $75,000 for infrastructure.

    March 15, 2010

  • Local historic treasure recovered

    Athens Masonic Lodge No. 165 recovered tokens from its past — both large and small — from a building it had once called its own.
    Lodge Secretary Randy Daniel, who is Athens’ mayor, said members retrieved two time capsules last Saturday with the permission of the Ginger Murchison Foundation, the current owner of the building.
    The lodge, he said, met on that corner, the southwest corner of the Henderson County Courthouse square, for about 75 years.

    March 15, 2010

  • Eustace (9).tif Eustace FFA does well in Fort Worth, San Antonio

    The Eustace FFA Show teams have been very busy since the beginning of the year with competitions at two major stock shows.

    March 12, 2010 1 Photo

  • Church News

    Church News will run as items are received, based on available space. Items running in Church News will not be published in the Community Calendar.

    March 12, 2010

  • 10th Poetry Celebrate copy.jpg Tenth grade poetry

    Athens Christian Preparatory makes writing a priority. Tenth grade students who had poems chosen for national publication are shown.

    March 12, 2010 1 Photo

  • Community Calendar

    Community Calendar runs daily in the Review.

    March 12, 2010

  • Track Meet Athens.jpg On the right track

    Eustace’s Justin Bersterman takes a handoff from Austin White as they practice their relay before the Athens High School Track Meet.

    March 12, 2010 1 Photo

  • chamber speaker.jpg Chamber optimistic about 2010

    The Athens Chamber of Commerce Board of Directors are working to make 2010 a big year, according to Chamber Chairman Michael “Mo” Morrison.

    March 12, 2010 4 Photos

  • Scholarship available through HCRSPA

    If your senior son or daughter plans to attend a college or university in the summer and/or fall, and pursue a program in which he or she will receive teacher certification,  a major in education or a teaching degree in a subject area with teacher certification, then this scholarship is for you. 

    March 12, 2010

  • Two injured after highway collision

    Two people were injured Wednesday when a  pickup truck driven by a 13-year-old boy attempted to drive across U.S. Highway 175, only to be struck by a west-bound motorist.

    March 12, 2010

AP Video

Community Calendar

Loading…
Events by eviesays.com

Twitter Updates

Follow me on Twitter