NEW BOSTON, Texas-A Texas prison inmate facing a possible death sentence in the July 2015 slaying of a Barry Telford Unit correctional officer complained at a hearing Friday about having to wear a device on his leg capable of delivering an electric shock.
"This is painful," Billy Joel Tracy said. "I had it on for about eight hours the last time and it took two or three days for the marks and bruises to go away."
Tracy told 102nd District Judge Bobby Lockhart he would prefer to wear an immobilization shock device that encircles the waist similar to one he wore at his 1998 trial in Rockwall County, Texas, for assault on a public servant, aggravated assault and burglary of a habitation which resulted in a life sentence. Lockhart told Tracy he would look into the possibility of using an alternative shock device and said that if none exists, it might be possible to remove the device during lunch breaks.
Tracy, 39, is charged with capital murder in the July 15, 2015, beating death of Correctional Officer Timothy Davison. Davison, 47, had less than a year of experience when Tracy allegedly slipped a hand free of its cuff and attacked as Davison was escorting Tracy back to his cell in administrative segregation after an hour of recreation in a prison day room. After knocking Davison to the floor, Tracy used the officer's metal tray slot bar to beat him fatally.
The Bowie County District Clerk's Office sent out 1,300 summonses recently instructing potential jurors to report to the Bowie County courthouse in New Boston on either Aug. 2 or Aug. 3 for preliminary matters. Jurors who believe they cannot serve for medical or other reasons may discuss their issues with Lockhart at that time, and all prospective jurors will be asked to complete questionnaires meant to aid the state and defense in determining who among the jury panel would make an acceptable member of Tracy's jury.
The process of formal jury selection is expected to begin Sept. 13 and could take weeks as potential jurors will be questioned individually and one by one by members of the prosecution, the defense and the judge before a decision is made to either seat them on the jury or release them from service. Twelve jurors and two alternates will be selected. Opening arguments and testimony are not expected to begin until late October.
Among the bevy of issues discussed at Friday's hearing was court security. Tracy's lead defense lawyer, Mac Cobb of Mount Pleasant, Texas, said he and his team agree with the state that there is a need for security but also a need to prevent security measures from giving the jury the prejudicial impression that Tracy is a dangerous man.
Tracy will be dressed in street clothes for jury selection and the trial, as will officers from TDCJ who will occupy seats around the courtroom. Typically the men are clad in TDCJ uniforms. Because of restraints, such as shackles, which Tracy will wear during the proceedings, Lockhart will not have spectators or court personnel rise when the jury takes or leave their seats. Lockhart said he will take the judges' bench prior to the jury so that there will be no need for people to rise.
Assistant District Attorney Kelley Crisp said she will have information from TDCJ next concerning where Tracy will be housed during the trial. He is currently being held at the Coffield Unit in Tennessee Colony, Texas, and is driven by prison staff to and from the unit on days when he must be in Bowie County for a hearing.
The state is seeking the death penalty for Tracy. The only other option the jury will have if they find Tracy guilty of capital murder is life without the possibility of parole.