Man indicted for capital murder

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September 15, 2012

Man indicted for capital murder

By PAUL STONE Palestine Herald-Press The Palestine Herald-Press Sat Sep 15, 2012, 06:30 AM CDT

PALESTINE — A 28-year-old Palestine man has been indicted by an Anderson County grand jury for capital murder in connection with the death of his toddler stepson last fall.

Billy Wayne Hasel, 28, of Palestine was indicted Thursday by the grand jury on the felony charges of capital murder, murder and injury to a child.

Hasel was arrested Friday morning by local authorities and booked into the Anderson County Jail.

As of late Friday afternoon, records showed that Hasel remained in the jail in lieu of bonds totaling $3 million set by 369th State District Judge Bascom W. Bentley III.

Hasel is accused in the death of 2-year-old Deacon Jack Garay who died last September, a few days after being first taken to a local hospital with a severe head injury.

Elizabeth Watkins, assistant district attorney for Anderson County, presented the case to the grand jury Thursday and is expected to represent the state during its proceedings against Hasel.

Around 4 a.m. on Sept. 1, 2011, Emergency Medical Services responded to an apartment complex on Martin Luther King Boulevard after Hasel called them, saying the child was unresponsive, according to Watkins.

Garay was first taken to Palestine Regional Medical Center and later life-flighted to Children’s Medical Center in Dallas where he died a few days later after being removed from life support.

“He never regained consciousness,” the assistant district attorney said.

Watkins said a specialist with Children’s Medical Center concluded that the toddler “suffered a massive head injury inconsistent with the statements given at the time by family members.”

According to the indictment, Hasel caused his stepson’s death by “causing blunt force trauma by the defendant’s hands, feet, an object or in a manner and means unknown to the grand jury.”

Hasel, the deceased boy’s stepfather, lived at the residence with his wife, who was the toddler’s biological mother, and two other boys ages 6 and 7, also the children of the accused man’s wife.

Those boys have since been removed from the home and placed with other family members, according to Watkins.

In capital murder cases, the state has the option of seeking the death penalty or a capital life sentence which does not provide for the possibility of parole.

Late Friday afternoon, Watkins said it was premature to say whether the Anderson County district attorney’s office would ultimately seek the death penalty in the case.

Hasel also has a pending case in the Anderson County district attorney’s office for aggravated assault with a deadly weapon. In that case, Hasel allegedly threatened to assault a female neighbor with brass knuckles, according to Watkins.

Paul Stone may be contacted via e-mail at pstone@palestineherald.com

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