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Hardeman murders appeal denied

WICHITA FALLS - In June of 2016, a jury quickly found Gary Andrew Callaway guilty of murdering Lisa Waddle and Terrance Besaw.

Autopsies showed Waddle was shot six times and Besaw three times. Callaway pleaded not guilty even though he confessed to the killings in an interview by Texas Rangers and multiple witnesses said he admitted the killings to them.

In his trial, Callaway claimed self-defense, saying he felt threatened when he confronted Besaw in the hallway and Besaw pointed a gun at him.

Callaway said he became angry after smelling the odor of meth cooking. He said he shot Waddle as she tried to run away after he shot Besaw. 

His appeal noted seven possible grounds of error by the trial court, including that the charge of capital murder was incorrect because one of the murders was in self-defense so should not be considered part of the other murder.

The 7th Court of Appeals in Amarillo noted substantial evidence that the Besaw murder was not self-defense, including the pistol Besaw may have used was found under a mattress. A witness testified Callaway told him Besaw was asleep when he was shot and medical examiner reports showed the victim was lying down when shot.

About a year after the murders, Texas Rangers charged another man with capital murder in this case. Rangers never gave information on why Dimitri Graves of Chillicothe was charged and he was never convicted, he was later convicted in a purse snatching and given 20 years and four years for a burglary and is still in prison.


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