NEW BOSTON, Texas-A Texas prison inmate isn't happy about plans to house him during jury selection and a trial at the same unit of the Texas Department of Criminal Justice where he allegedly beat a correctional officer to death in 2015.
Billy Joel Tracy, 39, is facing the death penalty if found guilty of capital murder in the July 15, 2015, beating death of 47-year-old Timothy Davison, a correctional officer with less than a year on the job, at the Barry Telford Unit in New Boston. Davison was escorting Tracy back to his cell in administrative segregation from a prison dayroom when Tracy allegedly slipped a hand free of its cuff and attacked in full view of multiple video surveillance cameras.
Tracy was moved to a different TDCJ unit the day of Davison's death. Currently he is being housed at the Coffield Unit in Tennessee Colony, about a three hours' drive from New Boston. Since learning of TDCJ's plan to relocate him to the Telford Unit during jury selection and trial, Tracy has voiced opposition.
"Mr. Tracy prefers not to be at Telford," Harrelson said, mentioning that issues such as medical care and food are of concern.
Tracy penned a letter in August to 102nd District Judge Bobby Lockhart complaining that his lawyers, Harrelson and Mac Cobb of Mount Pleasant, Texas, have not filed a formal motion to address his housing complaints.
Lockhart told Tracy at Thursday's hearing that while he has listened to and considered Tracy's concerns, he is unwilling to interfere with TDCJ's internal decision making and pointed out that Tracy would be in a car for roughly six hours daily for travel to and from New Boston if kept at another prison.
The process of selecting a jury to decide Tracy's fate began in early August when potential jurors reported for preliminary qualification. Those with medical or other circumstances deemed legitimate under Texas law and by the court were excused. The 331 people determined able to serve were given lengthy questionnaires to complete, received general instructions and were given a date and time to report for individual questioning by the court, state and defense. Beginning Sept. 13, eight prospective jurors will report per day.
A panel member may be "struck" by the court for cause, such as would likely be the case for someone who knew Davison personally for example, or by the state or defense. Each side is given a finite number of strikes. Once a jury of 12 and two alternates are chosen, jury selection will cease. Lockhart has scheduled opening statements to tentatively begin Oct. 23 though that date could change, Lockhart said Thursday.
Assistant District Attorney Kelley Crisp is leading the state's case and the state is seeking the death penalty for Tracy. The only other punishment for capital murder in Texas is life without the possibility of parole.
Tracy has been behind bars for more than half his life.
In 1995, he was sentenced to a three-year term for retaliation in Tarrant County, Texas. Three years later, Tracy was sentenced to life with parole possible, plus 20 years for burglary, aggravated assault and assault on a public servant in Rockwall County, Texas. In 2005, Tracy received an additional 45-year term for stabbing a guard with a homemade weapon at a TDCJ unit in Amarillo, Texas. Tracy was sentenced to 10 years in 2009 for attacking a guard at a TDCJ unit in Abilene, Texas. Crisp has filed notice of her intent to call a bevy of witnesses who are expected to provide first-hand accounts of Tracy's violent past.
The trial is expected to last two to three weeks.