Firearms trial for veteran delayed over new evidence, mental-health records
GULFPORT -- The firearms trial of a retired veteran has been postponed while prosecutors try to get court orders for his mental-health records and public defenders review new evidence.
Travis Coy Rayborn, 75, of Gautier, was to go on trial this week on two counts of making false statements to get a firearm. The charges involve his alleged attempt to buy a firearm March 11 at the Keesler Air Force Base Main Exchange in Biloxi.
The government maintains Rayborn had been involuntarily committed to a mental institution and was not eligible to buy a firearm, court filings show.
Rayborn had been set to plead guilty Feb. 23 before U.S. District Judge Sul Ozerden but changed his mind.
His new trial date is May 23.
Prosecutors asked for the postponement in a motion saying the Veterans Administration Medical Center in Biloxi and psychiatric centers in Alabama have refused to turn over Rayborn's records without a court order.
Public defenders filed a motion asking Ozerden to exclude Rayborn's medical records, saying it would violate his privacy.
Public defenders also asked the judge to exclude government exhibits based on new information.
Prosecutors responded by saying they had informed the defense as soon as the new evidence was discovered in preparation for trial.
The new evidence allegedly shows Rayborn had tried to buy a gun from a Vancleave pawn shop weeks before the attempted purchase at Keesler and includes audio recordings of Rayborn's commitment hearing from the Baldwin County, Ala., probate court Dec. 9, 2014. The Alabama court reportedly heard testimony that Rayborn had a history of domestic violence, was dangerous and owned multiple weapons.
Other exhibits show the Baldwin County Sheriff's Office had arrested Rayborn on Dec. 8, 2014, on a charge of domestic violence third-degree; and Gautier police arrested him Aug. 29 on misdemeanors that accused him of public drunkenness and exhibiting a weapon in a threatening manner.
Ozerden heard arguments Monday and denied with prejudice defense motions regarding medical records and exhibits. He reserved ruling on the defense's request to exclude the audiotaped mental-health commitment.
He also reserved rulings on prosecutors' requests to compel two mental-health centers to release Rayborn's records and on an Alabama Mental Health Department motion to throw out a subpoena that requires a mental health director's testimony.
Ozerden asked prosecutors to respond to the AMHD motion by Friday.
This story was originally published March 8, 2016 at 3:49 PM with the headline "Firearms trial for veteran delayed over new evidence, mental-health records ."