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Day 3: Randall Wayne Mays' Capital Murder Trial

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By Jennifer Kielman
KETK 56 News

HENDERSON COUNTY - It's day three of the Randall Wayne Mays' Capital Murder Trial in Henderson County.

The prosecution is wrapped up, and the last witness has testified.

On Wednesday, the last person to testify on behalf of the state took the stand.

That person was Deputy Kevin Harris, the man who survived the shootings, that killed two Henderson County deputies last May.

Deputy Harris described what he saw when he got on scene.

He says he tried to help calm Mays down, but couldn't.

And after a while, Deputy Harris says he felt obligated to do help in some way.

He said quote, "I was thinking there would be more people who'd suffer the same fate if someone didn't do something."

So, Dep. Harris says he charged the house.

He says Mays shot him between the knee and foot.

His leg was broken.

Deputy Chief Medical Examiner in Dallas County-- Dr. Joannie McClain-- also took the stand Wednesday morning.

She's the person who confirmed the cause and manner of death.

She testified Deputy Tony Ogburn suffered quote "a gun shot wound to the head that caused extensive damage to the head...massive skull fractures..."

She also testified Deputy Paul Habelt was shot in the nose/cheek bone area.

She said both men were also killed by the same weapon, quote "it's consistent with a high powered rifle."

Also in the courtroom, a representative of the media.

That person was one of many of us who taped and questioned Randall Wayne mays being taken from the hospital to the Smith County Jail were he was held.

The prosecution wanted to use the video as evidence, but the defense was partial.

That's because the video was the edited version, not the raw tape.

The jury finally saw a "snip-it" of the tape.

We showed to you first when we got it, here it is again.

Randall Wayne Mays says, "Reporter: did you shoot those two men? mays: honestly.. yes! reporter: why? mays: i thought i was being mis-treated."

Deputy Kevin Harris's brother Deputy David Harris also took the stand.

Harris says when he arrived on scene, he saw all the guns drawn.

He put his body armor on, and walked up to Deputy Tony Ogburn.

Ogburn told him quote "watch yourself."

It's something he said Dep. Ogburn said often.

He knealt down beside him, and yelled "officer down."

He said quote, "The only shot I heard was the one that shot Deputy Ogburn."

He got back up, and then saw Deputy Habelt fall to the ground.

Then, he said quote "I was trying to re-access the situation. And then I hear my brother Dep. Harris scream out. And I heard, I'm hit, I'm hit."

Deputy Kevin Harris was shot in the leg.

Again, the prosecution wrapped up Wednesday.

The defense will start up early Thursday morning.

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