Trial set for Ballard capital murder case

By Alexandria Randolph

The Highlander

Garrett James Ballard will go to the 33rd District Court Monday to face trial in the fatal shooting of his two friends just over two years ago.

The plea deadline for Ballard, a 23-year-old Burnet County man who was indicted on a capital murder of multiple persons charge in Nov. 6, 2014, was at 1:30 p.m., Tuesday, Nov. 29.

District Attorney Sonny McAfee said Ballard pled not guilty in an arraigment hearing early on in the court proceedings. Ballard's trial is scheduled for Monday, Dec. 5.

“I expect it will take all week,” McAfee said regarding the trial, but could not comment further about potential tactics taken by the defense, namely local attorney Eddie Shell.

It is possible the defense will argue on grounds of diminished capacity, meaning that Ballard could receive a lesser sentence due to his admitted hallucinogen induced delusion during the time of the killings.

Ballard is accused of killing two of his close friends, Elijah Adam Benson, a 17-year-old Burnet High School student, and Travis Leslie Fox, a 26-year-old Burnet High School graduate, while the three were under the influence of hallucinogens on Aug. 19, 2014.

The shooting occurred at the Ballard family home in the 5800 block of County Road 340 during the early morning hours. Family members of Benson and Fox said the three young men were celebrating Benson's birthday.

Authorities said during the investigation that Ballard took what was reported to be a .223 caliber semi-automatic rifle from a patrol vehicle that his father, Burnet County Constable Jimmy Ballard, Pct. 3, had parked at the house while he and his wife Linda were away on vacation. Garrett Ballard shot the two teens multiple times, and they died at the scene.

Ballard then fled to his girlfriend's house and called his parents and his brother-in-law, a Marble Falls police officer, before his arrest. Authorities said Ballard confessed the deed to Burnet County Sheriff's Department investigators.

Ballard told investigators that as the drug took effect, Fox and Benson exhibited "strange and disruptive" behaviors, the arrest affidavit said.

Unofficial reports emerging during the investigation suggest Ballard may have believed the two to be possessed.