ATHENS, TX (KLTV) - An East Texas court has denied a motion of a Henderson County man arguing he is incompetent to receive the death penalty.Randall Wayne Mays was sentenced to death in 2008 by a Henderson County jury for the death of two Henderson County deputies and for injuring a third. Deputies responded to Mays' home after a neighbor called in and said shots were fired from the home.
Mays barricaded himself inside his home and opened fire on deputies with a high-powered rifle. Henderson County Sheriff's Office Investigator Paul Steven Habelt and Deputy Tony Price Ogburn were killed,
A motion, filed by Mays' attorneys with the Office of Capital Writs, was heard in Henderson County Friday. It argued that Mays is incompetent to receive the death penalty.
The court denied the motion and Mays' attorneys said they will be appealing the decision to the Court of Criminal Appeals in Austin.
Henderson County District Attorney Scott McKee said the Eighth Amendment bars the execution of a person who does not understand that their execution is imminent and does not understand why they are being executed. McKee said his office expects more appeals to be filed before Mays' March execution date.
His office believes Mays does know his execution is approaching and they believe he knows why he is being given that sentence.
Mays is set to be executed on March 18, 2015. If the execution goes through, Mays will be the fifth inmate executed in 2015.