Videos in question at hearing

NEW BOSTON, Texas—Video tapes and DNA were among the subjects discussed Friday at a pretrial hearing for a Texas prison inmate facing a possible death sentence in the 2015 beating death of a correctional officer.

Billy Joel Tracy, 39, is accused of using a metal tray slot bar to beat officer Timothy Davison to death July 15, 2015, at the Barry Telford Unit of the Texas Department of Criminal Justice in New Boston. Davison, 47, died in a local hospital after an attack recorded at multiple angles by video surveillance equipment.

At Friday’s hearing 102nd District Judge Bobby Lockhart heard testimony meant to help him in deciding whether or not a motion to suppress certain video evidence should be admitted at Tracy’s upcoming jury trial in Bowie County. Tracy’s lead defense lawyer, Mac Cobb of Mount Pleasant, Texas, filed a motion asking that videos of Tracy filmed the day of the attack and during a subsequent interview at a different TDCJ unit be kept from the jury.

Assistant District Attorney Kelley Crisp called a Telford Correctional Officer Debra VanAntwerp to testify concerning a video of Tracy’s extraction from his cell following Davison’s murder. Davison was walking Tracy back to his cell from a prison day room when Tracy slipped a hand free from its cuff and allegedly attacked. Lockhart ruled that video is admissible at a pretrial hearing earlier this month.

After the assault, Tracy allegedly retreated to his cell and closed the door, refusing to exit when ordered. A team of officers who extracted Tracy from his cell was filmed in the process by VanAntwerp, who testified Friday that she retrieved the camera, donned a gas mask to protect her from the effects of chemical spray lingering in the air and filmed the extraction.

Crisp also called Correctional Officer Latresse Sharp, who filmed Tracy for more than an hour as he was held following the extraction in a security cell while he awaited transfer to another prison unit. Sharp said Tracy seemed bothered by her refusal to respond to statements he made while in the holding cell.

Sharp said Tracy’s statements included, “I’m a barbarian, you’re a barbarian like me,” “You’re rank is stupid for not telling you about me,” and

“This is what I do.” Sharp said prison policy prohibits her from engaging the prisoner as she films the holding cell and that her silence appeared to irk Tracy.

“He said, ‘Aren’t you a good CO for not talking,’” Sharp testified.

Crisp called Lt. Anthony Allison, Regional Supervisor for TDCJ Office of Inspector General, to testify about his interview July 23, 2015, with Tracy at the Coeffield Unit. Allison said Tracy was not only fully warned of his Miranda rights, including his right to remain silent, but was made aware that refusal to answer questions would not be used by prison officials as evidence of a disciplinary infraction of prison rules.

“He made it clear that he would be in control of the interview,” Allison said. “He was one of the more intelligent offenders I’ve ever interviewed.”

Allison said Tracy spoke at length about his prior incidences of assault-type behavior while in TDCJ custody and of the offense with which he is currently charged. When the video of the attack on Davison was discussed, Allison said Tracy said, “that’s a wrap.”

Allison said Tracy told him that one of the reasons he agreed to speak to Allison was his desire for prison officials to know Davison’s death was unintentional. Allison testified that Tracy was “very descriptive” about the attack and its planning.

Lockhart did not make final rulings concerning the admissibility of any of the videos discussed at Friday’s hearing. Lockhart did make a ruling concerning the testing of evidence for DNA by the Department of Public Safety Crime Lab.

Testing of evidence including clothing, shoes and towels, has been delayed because the crime lab is in the process of switching from one type of DNA testing kit to another, more technologically advanced one. The newer kit has had some issues which have led the crime lab to recommend the use of the previously used kit in Tracy’s case. The newer kit more quickly identifies the presence of male DNA, useful in sexual assault cases particularly, and is in keeping with protocols used globally, according to testimony from Jennifer Hobbs, a crime lab supervisor.

Cobb argued that using the more state-of-the-art kit would be best while Crisp argued that the newer kit would not mean better results but would mean a delay. Crisp argued that Tracy’s case, “is not a who-done-it. We’re not trying to establish identity.”

Tracy’s trial is more likely to be about punishment than whether he is guilty of killing Davison, in light of the video footage, Crisp argued.

Lockhart signed an order Friday directing the crime lab to proceed with testing using the previous kit and protocol.

Texarkana lawyer Jeff Harrelson, a member of Tracy’s defense team, said the sides are close to approve a prospective juror questionnaire. A large panel of prospective jurors will soon receive summonses directing them to report either Aug. 2 or 3 to complete the questionnaires. The formal process of jury selection is scheduled to begin in September and could take weeks. Lockhart previously said he hopes to start the trial in mid-October.

Tracy is facing death by lethal injection or life without the possibility of parole if convicted of capital murder in Davison’s death. Lockhart scheduled the case for another pretrial hearing this month. llarowe@texarkanagazette.com