1976-04-27

District Attorney Torn Curtis said today that there is insufficient evidence at this time to file capital murder charges in a northside shooting death.

Curtis said the indictment will depend on what proof is found by continuing investigation. Based on the evidence now available, Curtis said there is no capital murder case.

Henry Leroy "Junior" Ray. 20. of 3010 NE 12th. and Larry Kent Boggs 19. of 611 NE 4th. were in Potter County jail today in lieu of $100,000 bond each on charges of murder.

The two were charged in connection with the shooting death of Jerry Franklin McNett. 39. whose battered body was found lying in a pool of blood in his home at 602 N. Osage shortly in after 1 p.m. Tuesday.

Curtis said the type of charges will depend upon whether the investigation nails down whether or not robbery was the motive for the murder or whether or not missing items were taken as an afterthought after the victim was dead.

Conviction of the offense of capital murder carries the mandatory penalty of either a life term in prison or death in the electric chair.

Texas' new death-penalty laws say a person commits capital murder if he: commits murder in the course of committing robbery. kidnaping. burglary. aggravated rape or arson.

Detective Capt. E. N. Smith. head of the police detective division, said no motive has yet been established for the killing. He said personal property had been taken from McNett's body. including a Shriner's ring and wallet.

He said a message on a mirror scribbled in soap at the scene of the murder. was apparently an attempt to mislead police. The message hinted at romantic involvement with another man's wife.

Smith said the slaying apparently culminated "a brawl involving the three men."

The detective said Boggs and Ray were arrested at their homes shortly after 8 a.m. yesterday following a tip from an Amarillo patrolman.
Smith said Officer Paul Marlow linked one of the men with McNett's company pickup at a northside lounge early Tuesday morning.

"There was no connection with the victim and the two men (Boggs and Ray) until the night of the crime." Smith said.

MeNett's body was found about 1:20 p.m. Tuesday by O.J. Lewis. a friend and fellow employe at Pioneer Corp.

A preliminary autopsy report showed that McNett died of multiple gunshot wounds to the head. Police said his body had numerous stab and slash wounds and his throat was' cut from ear to eat.

The interior of McNett's white frame home bore evidence of a severe struggle. There was blood throughout the house, officers said.

Several shell casings were found inside the house and were taken as evidence. A small caliber rifle also was booked for evidence Tuesday. Officers said they did not know if the rifle was the murder weapon or if it belonged to McNett.

Smith said Tuesday in describing the house. "There was a terrific fight inside the house."

Boggs and Ray did not offer any resistance when they were taken into