HENDERSON COUNTY, Texas — After his October execution was halted, an East Texas man set to die on May 13 has had another stay of execution granted.
On Thursday, the Texas Court of Criminal Appeals issued a stay of execution for Randall Mays, 60.
Mays filed a writ application on April 27 raising four claims:
- He is intellectually disabled and can't constitutionally be executed
- Racial bias tainted his conviction and death sentence
- His jury engaged in prejudicial misconduct
- He was improperly interrogated in violation of his constitutional rights
The Appeals Court issued the following order after reviewing Mays' application:
"Applicant filed this his first subsequent writ application in the convicting court on April 27, 2020. Applicant raises four claims in his application in which he asserts that: he is intellectually disabled and, therefore, cannot constitutionally be executed; racial bias tainted his conviction and death sentence; his jury engaged in prejudicial misconduct; and he was improperly interrogated in violation of his constitutional rights. We have reviewed the application and find that the first allegation of intellectual disability satisfies the threshold requirements of Article 11.071 § 5(a)(3). That claim is remanded to the trial court for a review on the merits. The remaining claims do not meet the requirements of Article 11.071 § 5 and should not be reviewed. Applicant’s execution is stayed pending resolution of his application."
Mays' case will now be send back to Henderson County to review his claim of intellectual disability.
In 2002, the U.S. Supreme Court barred the execution of people with intellectual disabilities (Atkins vs. Virginia).
THE CRIME
On May 21, 2007, Mays man gunned down three Henderson County Sheriff's Office deputies at his home, marking one of the most tragic days in Henderson County law enforcement history.
Deputy Paul Hablet, Deputy Sheriff Tony Ogburn and Deputy Kevin Harris were responding to a domestic violence call in Payne Springs when Randall Mays opened fire on the trio with a "high-powered rifle." Hablet and Ogburn died as a result of their injuries, while Harris suffered a broken leg.
Mays was convicted of capital murder of a peace officer and sentenced to death in May 2008.
Harris retired from the HCSO in January 2009.
Another East Texan, Bill Wardlow, is scheduled to be put to death on July 8, at the "Walls Unit" in Huntsville.