The man who was convicted of killing two Henderson County Sheriff’s Department officers was back in court Tuesday.

Randall Wayne Mays was convicted of capital murder, and sentenced to the death penalty for fatally shooting Henderson County Sheriff’s Department Investigator Paul Steven Habelt, 63, and deputy Tony Ogburn, 61 on May 17, 2007.

The officers were killed in the shootings after responding to a disturbance at a residence in Payne Springs.

A third officer, HCSO Deputy Kevin Harris, was shot in the leg during the May 17 shooting. He did survive.

Mays’ attorney, Jeff Haas of Tyler, filed his appeal stating  Ineffective Assistance of Counsel. Some of the points he hopes to bring out are the fact that there was no Change of Venue applied to the case, as well as May’s mental state at the time of the trial.

“This is all very standard,” Henderson County District Attorney Scott McKee said. “We don’t feel we have anything to worry about. He has a right to an appeal, and we knew they would bring up some of these issues, but they were all addressed during the case.”

Mays filed his first appeal on Sept. 7, 2009. He was sentenced to death on May 13, 2008. In the Writ of Habeas Corpus, it states that Mays is requesting an Evidentiary Hearing to present evidence and argument in support of himself.

According to the facts in the case, Francis Nicholson heard gunshots from the property of Mays. As Nicholson turned around to look, she saw Mays firing a handgun in the direction of his wife, Candice Mays.

Nicholson, in fear that a school bus may be coming, called police. Deputies were dispatched to the scene. Mays shot Ogburn and Habelt after a standoff with law officials. The officers were dead on the scene.

Mays is expected to be back in court on Thursday at 9 a.m. in the 392nd District courtroom.

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