UPDATE: 'I Apologize,' Sentenced Mays Says to Victims' Families
Staff Photo by Tom Turner
Randall Mays (left) sits down at the Henderson County Courthouse in the 392nd District Court of Judge Carter Tarrence on Tuesday, May 13. Mays is on trial for the May 17, 2007 murder of Henderson County Sherriff’s Deputy Tony Ogburn.
(Editor's Note: Updates are being provided during the day from the trial of Randall Wayne Mays, charged in the May 2007 killings of two Henderson County Sheriff deputies as they responded to a 911 call at his home. More recent updates will be posted at the bottom of this story throughout the day.)
By KENNETH DEAN
Staff Writer
ATHENS – Before jurors were brought into the courtroom, Randall Wayne Mays’ defense team entered a motion to instruct the jury to only be allowed to sentence him to life in prison.
By KENNETH DEAN
Staff Writer
ATHENS – Before jurors were brought into the courtroom, Randall Wayne Mays’ defense team entered a motion to instruct the jury to only be allowed to sentence him to life in prison.
The prosecution team said evidence presented shows Mays is a future danger.
Mays began muttering something about the state has not told the truth.
Mays was found guilty last week of capital murder for the shooting death of Tony Price Ogburn, a Henderson County Sheriff’s deputy, last May. He is also accused of killing Investigator Paul Habelt and injuring Lt. Kevin Harris when the officers responded to a domestic disturbance call where shots had been fired.
In a second motion, Mims filed for a motion for a mistrial, but Judge Carter Tarrance denied both motions.
Tarrance gave each side one hour for their closing arguments after he read the charge including how they can sentence Mays. The choices are life in prison or death by lethal injection.
Posted Tuesday, May 13, 2008 at 10:23 a.m. CDT
While Judge Tarrance read the jury the charge, Mays looked at jurors, talked to one of his defense team and at times smiled.
Texas Attorney General Prosecutor Wesley Mau began the state’s closing arguments, stating that jurors must now deliver a verdict of punishment.
“This system that we have is all about justice,” he said.
Mau said the jurors have to figure out what kind of person the defendant is and if he is a danger to society.
“The testimony in this case is that he is dangerous,” he said. “We know that the defendant Randall Wayne Mays has been violent in the past.”
Mau said Mays has shown he does not like taking orders from uniformed authority, and has struck out against officers in the past, including the shooting.
Mau then asked, “Is it justice in this case that this defendant receive death as a sentence?”
Mau said Mays knew what he was doing when he shot the officers. He added that it didn’t take a mental illness for a person to not want to go to jail and fight officers. He sought to debunk the defense team’s claims that Mays suffers from mental illness, saying the defense couldn’t have it both ways.
He cited all the people the defense called saying Mays was a nice guy who could be trusted and who loved kids and animals.
“The defense tells you that on one hand, and on the other they say he is a psychotic. They can’t have it both ways,” he said.
Mau told jurors to remember family members and the two deputies who testified of how the deaths Ogburn and Habelt affected them.
He pointed out that the law enforcement community puts their lives on the line every day to protect citizens.
Mau said Deputy Billy Jack Valentine is a protector who could have shot Mays dead after he pointed weapons at the officers. He reiterated Valentine’s testimony about how he remembers being pinned down and how that has affected his duties as a deputy.
Texas Attorney General Prosecutor Wesley Mau began the state’s closing arguments, stating that jurors must now deliver a verdict of punishment.
“This system that we have is all about justice,” he said.
Mau said the jurors have to figure out what kind of person the defendant is and if he is a danger to society.
“The testimony in this case is that he is dangerous,” he said. “We know that the defendant Randall Wayne Mays has been violent in the past.”
Mau said Mays has shown he does not like taking orders from uniformed authority, and has struck out against officers in the past, including the shooting.
Mau then asked, “Is it justice in this case that this defendant receive death as a sentence?”
Mau said Mays knew what he was doing when he shot the officers. He added that it didn’t take a mental illness for a person to not want to go to jail and fight officers. He sought to debunk the defense team’s claims that Mays suffers from mental illness, saying the defense couldn’t have it both ways.
He cited all the people the defense called saying Mays was a nice guy who could be trusted and who loved kids and animals.
“The defense tells you that on one hand, and on the other they say he is a psychotic. They can’t have it both ways,” he said.
Mau told jurors to remember family members and the two deputies who testified of how the deaths Ogburn and Habelt affected them.
He pointed out that the law enforcement community puts their lives on the line every day to protect citizens.
Mau said Deputy Billy Jack Valentine is a protector who could have shot Mays dead after he pointed weapons at the officers. He reiterated Valentine’s testimony about how he remembers being pinned down and how that has affected his duties as a deputy.
Posted Tuesday, May 13, 2008 at 11:01 a.m. CDT
Mims told jurors they have the individual rights to determine their own verdict and to have their opinion respected.
He told the jury he felt that every piece of evidence has been presented to the jury.
“The fact is that Randall Mays did a terrible thing out there May 17, 2007,” he said.
Mims said there were many victims in the case, including Mays’ family.
He said the Henderson County Sheriff’s Office knew Mays and had dealt with him multiple times.
“I wonder what would have happened if we would have waited just a few more minutes,” he said, talking about Kevin Harris and Ogburn talking to Mays. But during this time, Valentine tried to get between Mays and the house where the guns were located.
Mims said it was over until Valentine made his move.
“This just didn’t have to happen,” he said.
He said his client had been mentally ill for many years, and had been diagnosed by doctors who have interviewed and treated him, and by doctors who have examined records and interviewed all of the family members.
Mims said the prosecution wants the jury to put Mays down.
“If that’s what you believe, then put him down, but do we execute the mentally ill? Ladies and gentleman of the jury, this is just a sad story that has no good ending,” he said.
Mims said he had never represented a mentally ill person like Mays, who he said was “a poor, pathetic, mentally ill person who did a bad thing.”
He then told Mays to stand up and face the jury.
“They want you to kill that man.”
He told jurors he did not know how to convince the jury to spare Mays' live after he killed two officers.
“Quite frankly he is guilty, and has been found guilty by this same jury,” he said. "Ladies and gentlemen, I am begging you to save this man’s life.”
He told the jury he felt that every piece of evidence has been presented to the jury.
“The fact is that Randall Mays did a terrible thing out there May 17, 2007,” he said.
Mims said there were many victims in the case, including Mays’ family.
He said the Henderson County Sheriff’s Office knew Mays and had dealt with him multiple times.
“I wonder what would have happened if we would have waited just a few more minutes,” he said, talking about Kevin Harris and Ogburn talking to Mays. But during this time, Valentine tried to get between Mays and the house where the guns were located.
Mims said it was over until Valentine made his move.
“This just didn’t have to happen,” he said.
He said his client had been mentally ill for many years, and had been diagnosed by doctors who have interviewed and treated him, and by doctors who have examined records and interviewed all of the family members.
Mims said the prosecution wants the jury to put Mays down.
“If that’s what you believe, then put him down, but do we execute the mentally ill? Ladies and gentleman of the jury, this is just a sad story that has no good ending,” he said.
Mims said he had never represented a mentally ill person like Mays, who he said was “a poor, pathetic, mentally ill person who did a bad thing.”
He then told Mays to stand up and face the jury.
“They want you to kill that man.”
He told jurors he did not know how to convince the jury to spare Mays' live after he killed two officers.
“Quite frankly he is guilty, and has been found guilty by this same jury,” he said. "Ladies and gentlemen, I am begging you to save this man’s life.”
Donna Bennett, Henderson County District Attorney, approached the jury saying, “I wish we wasn’t here either, because Tony and Paul were friends of mine.”
She told jurors that Mims was just throwing things out there to try to sway their minds.
“I have been truthful to you from the beginning. Yes, we are seeking the death penalty in this case,” she said. “He could have saved the lives of Tony Ogburn and Paul Habelt, but he didn’t.”
Bennett said the deaths of Ogburn and Hebelt have rocked the entire law enforcement community of the area.
As Bennett described the chain of events again, Mays yelled out in the courtroom, “I went out the front with a pistol…” Defense team members moved to silence him, but he again yelled out, “I was shot before Kevin Haines got shot.”
Judge Tarrance told Mays to remain quiet.
“Ladies and gentleman, he is a future danger,” Bennett said.
She told the jury if they sentenced Mays to life, the correctional officers dealing with him would be the ones at risk.
“When they point guns at me, I have a problem,” he yelled.
She said the trial is not about Mays as a child riding a pony, but about two officers who have been killed in the line of duty.
“There are not mitigating circumstances in this case. What happened out there was the choice of the defendant. The defense said Randall Mays was one of God’s creatures. You know what? So were Tony Ogburn and Paul Habelt."
The court has been sent to the jury room to begin deliberations. As they were leaving Mays yelled, "I apologize.”
She told jurors that Mims was just throwing things out there to try to sway their minds.
“I have been truthful to you from the beginning. Yes, we are seeking the death penalty in this case,” she said. “He could have saved the lives of Tony Ogburn and Paul Habelt, but he didn’t.”
Bennett said the deaths of Ogburn and Hebelt have rocked the entire law enforcement community of the area.
As Bennett described the chain of events again, Mays yelled out in the courtroom, “I went out the front with a pistol…” Defense team members moved to silence him, but he again yelled out, “I was shot before Kevin Haines got shot.”
Judge Tarrance told Mays to remain quiet.
“Ladies and gentleman, he is a future danger,” Bennett said.
She told the jury if they sentenced Mays to life, the correctional officers dealing with him would be the ones at risk.
“When they point guns at me, I have a problem,” he yelled.
She said the trial is not about Mays as a child riding a pony, but about two officers who have been killed in the line of duty.
“There are not mitigating circumstances in this case. What happened out there was the choice of the defendant. The defense said Randall Mays was one of God’s creatures. You know what? So were Tony Ogburn and Paul Habelt."
The court has been sent to the jury room to begin deliberations. As they were leaving Mays yelled, "I apologize.”
Posted Tuesday, May 13, 2008 at 1:45 p.m. CDT
Randall Mays, who was found guilty of shooting to death a Henderson County law officer, today was sentenced to death.
Judge Tarrance read the verdict on issue one said they believed he would be a future danger. Special issue number two the jury did not find mitigating circumstances that he should not be sentenced to die.
Bobby Mims polled the jury and each got up saying “This is my verdict.”
Some jurors appeared to be shaken at their verdict.
“You can be proud of your service as this was a difficult and long case,” he said.
After discharging the jury, Tarrance then told Mays to rise, but Mays did not rise and then moments later he stood.
“I want to speak to you, your honor," Mays began saying he didn’t understand the court process.
Tarrance then pronounced the sentence of death by lethal injection to be carried out at a later date.
“Your honor I object to this on the grounds I did not understand my attorneys. I am not going to listen to this at this time.
Tarrance said he was going to continue anyways and said Mays had been fomerly sentenced to die.
Mays family cried in the rows behind Randall as he stood looking at the judge.
Updated Tuesday, May 13, 2008 at 1:45 a.m. CDT
Judge Tarrance read the verdict on issue one said they believed he would be a future danger. Special issue number two the jury did not find mitigating circumstances that he should not be sentenced to die.
Bobby Mims polled the jury and each got up saying “This is my verdict.”
Some jurors appeared to be shaken at their verdict.
“You can be proud of your service as this was a difficult and long case,” he said.
After discharging the jury, Tarrance then told Mays to rise, but Mays did not rise and then moments later he stood.
“I want to speak to you, your honor," Mays began saying he didn’t understand the court process.
Tarrance then pronounced the sentence of death by lethal injection to be carried out at a later date.
“Your honor I object to this on the grounds I did not understand my attorneys. I am not going to listen to this at this time.
Tarrance said he was going to continue anyways and said Mays had been fomerly sentenced to die.
Mays family cried in the rows behind Randall as he stood looking at the judge.
Updated Tuesday, May 13, 2008 at 1:45 a.m. CDT
Posted Tuesday, May 13, 2008 at 2:10 p.m. CDT
After Mays was sentenced to die, family members gave victim statements.
One Ogburn family member said in a prepared statement, “I’m (expletive deleted) mad. You killed my brother, my friend.”
Ralph Ogburn said his father reached out to help others, but Mays took his life and ended a great man’s life.
“Right now for me, there is no forgiveness,” he said.
Chris Habelt said explaining his father’s death to his children was one of the hardest things he has had to do.
As he read the statement members of both Ogburn and Habelt families, members of law enforcement and the Mays family cried.
Chris Habelt said his father was a special man, and his death has left a pain in his heart.
“There are very few words to express the pain and sorrow. These deputies were there to help, not to hurt,” he said.
He said he imagines in vivid detail the events of that day, due to what he has heard.
He closed his business of 15 years due to the stresses of the death and a strain on his marriage.
He ended with his 8-year-old son’s words, “I will carry on the Habelt name with pride.”
Nita Habelt said her husband’s death devastated her and her family’s life. She put all of the events of the shooting and the following days into a timeline from the moment two officers walked up to her door with facial expressions which told her that her husband was dead.
“We know he was a true hero that day,” she said. It took only one person to commit these crimes.
As he stood, Mays buttoned his jacket and began to say a few words.
“I’m sorry for your loss, the Ogburn family and the Habelt family. I apologize,” he said being led from the courtroom.
Updated Tuesday, May 13, 2008 at 2:13 p.m. CDT
One Ogburn family member said in a prepared statement, “I’m (expletive deleted) mad. You killed my brother, my friend.”
Ralph Ogburn said his father reached out to help others, but Mays took his life and ended a great man’s life.
“Right now for me, there is no forgiveness,” he said.
Chris Habelt said explaining his father’s death to his children was one of the hardest things he has had to do.
As he read the statement members of both Ogburn and Habelt families, members of law enforcement and the Mays family cried.
Chris Habelt said his father was a special man, and his death has left a pain in his heart.
“There are very few words to express the pain and sorrow. These deputies were there to help, not to hurt,” he said.
He said he imagines in vivid detail the events of that day, due to what he has heard.
He closed his business of 15 years due to the stresses of the death and a strain on his marriage.
He ended with his 8-year-old son’s words, “I will carry on the Habelt name with pride.”
Nita Habelt said her husband’s death devastated her and her family’s life. She put all of the events of the shooting and the following days into a timeline from the moment two officers walked up to her door with facial expressions which told her that her husband was dead.
“We know he was a true hero that day,” she said. It took only one person to commit these crimes.
As he stood, Mays buttoned his jacket and began to say a few words.
“I’m sorry for your loss, the Ogburn family and the Habelt family. I apologize,” he said being led from the courtroom.
Updated Tuesday, May 13, 2008 at 2:13 p.m. CDT
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