NEW BOSTON, Texas-Testimony is expected to resume this morning in the punishment phase of Billy Joel Tracy's capital murder trial.
The state is seeking a death sentence for Tracy, 39, in the July 15, 2015, fatal beating of Correctional Officer Timothy Davison, 47, at the Barry Telford Unit in New Boston. Tracy was convicted of capital murder Oct. 26 by a Bowie County jury of nine men and three women.
Since Nov. 1, when 102nd District Judge Bobby Lockhart convened for the sentencing phase of Tracy's trial, the jury has heard testimony from multiple prior victims of Tracy's. The victims who've testified include a 16-year-old girl Tracy left in need of facial reconstruction and dental implants after beating her, burning her with cigarettes, and leaving her in a Rockwall, Texas, park.
A Rockwall, Texas, police officer, who happened upon Tracy after he dragged the girl into the woods, testified that he required seven stitches in his head after confronting Tracy in the park. Former jailers who were nearly shot by Tracy after he managed to get possession of a Rockwall deputy's pistol have testified as has a
Texas Department of Criminal Justice Correctional Officer who was repeatedly stabbed by Tracy in 2005.
The state is expected to rest its case mid-week. The defense is expected to call witnesses, including mental health experts, who will testify as to Tracy's culpability for the violent episodes which have regularly punctuated his life.
Once both sides have rested, presented any rebuttal witness testimony and closed, the jury will hear instructions from Lockhart on the law they must follow in deciding whether Tracy should receive a sentence of life without parole or a sentence of death by lethal injection.
When a Texas jury is presented with the option of imposing a death sentence, there are two "special issues" which must be considered.
Special issue number one asks the jury to answer the following question, "Do you find beyond a reasonable doubt that there is a probability that the defendant would commit criminal acts of violence in the future that present a danger to society?"
The state, represented by Assisant District Attorneys Kelley Crisp and Lauren Richards, is likely to argue that Tracy's repeated promises to attack his keepers, his previous escape attempts, his prior assaults on officers and other inmates, and Davison's murder are evidence that Tracy will continue to seriously injure or kill those around him, even in a prison setting.
Special issue number two asks the jury to answer the following, "Whether taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of imprisonment without parole rather than a death sentence be imposed?"
Tracy's defense team, Mac Cobb of Mount Pleasant, Texas, and Jeff Harrelson of Texarkana, may argue that Tracy suffers from brain damage or mental illness which make him less responsible. The trial is expected to continue into next week.
Timothy Davison's brother, Ken Davison, who has attended dozens of pretrial hearings and who has been present for all of Tracy's trial, said that while it was difficult to watch a video recording of Tracy's deadly attack on his brother, there was one particular image shown that brought more emotion than others.
"That video, the autopsy photos, that was horrible," Ken Davison said. "But when they showed that picture of his shoes. His worn out, empty shoes."