Garrett James Ballard

By Glynis Crawford Smith

The Highlander

Garrett James Ballard was found guilty on two counts of capital murder and sentenced to life without parole on Monday, Dec. 12, in the 33rd District Court of Judge Allan Garrett.

He was charged in the shooting of two close friends, Elijah “Eli” Adam Benson, a 17-year-old Burnet High School student, and Travis Leslie Fox, a 26-year-old Burnet High School graduate.

After a week of testimony, the jury was out just over half an hour from deliberation to verdict, 2:10 p.m. -2:45 p.m.

“Once found guilty of capital murder, when the state does not seek the death penalty, life with no possibility of parole is the automatic sentence,” said District Attorney Sonny McAfee.

The decision not seek the death penalty in this case was made in cooperation with the victims' families from the outset.

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.