Published: May 09, 2008 11:31 am            

Murder trial continues in Henderson County

By Angela Weatherford

Athens Daily Review

ATHENS — 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 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 afterwards.

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 Monday.

Ogburn and Investigator Paul Habelt were fatally shot May 17, 2007, at the Mays residence in the Payne Springs area during a standoff.

Tarrance informed the lawyers he would make a decision about the witnesses by this morning.

Psychiatrists Dr. Theresa Vail and Dr. Gilda Kessner testified out of 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 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 and holds the opinion that Mays is never free of his disorder.

“His knowing is paranoid,” she said.

Mau said the defense will try to argue in their closing statements that Mays is not guilty, because he was paranoid at the time he shot Ogburn and Habelt.

“I have wrestled over this for days,” Tarrance said. “The court does not want to commit reversible error — it’s the greatest fear.”

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 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 differently 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.”

Arguments are expected to continue this morning.

        

• Click to discuss this story with other readers on our forums.