1993-06-16

June 16, 1993 - Trooper Killed

On Wednesday, June 16, 1993 a DPS trooper was shot and killed near Stratford, Texas.^[1]

Bobby Steve Booth, 28, was shot at about 3 p.m. at a roadside park on U.S. Highway 287. He was dead on arrival at 3:47 p.m. at Moore County hospital in Dumas, Texas.

Booth had been dispatched to a disturbance call north of Stratford, in which a caller reported an erratic driver. They described a man waving a gun. The next call that came in reported that the trooper had been shot.

According to the radio log for that day, Booth stopped a gray 1977 GMC truck at 3:00 p.m. near the roadside park on Highway 287. Witnesses who drove by the trooper and truck driver would later provide insight as to what happened after the stop.

Officer Booth and the individual at first seemed to be engaged in a routine traffic stop. They were seen between the rear end of the pickup and the front of the patrol vehicle. Both men were seen walking to the front of the patrol vehicle. Then the next driver that passed by the scene saw a scuffle between Booth and the suspect at the rear of the patrol car.

Witness Pat Boren was was driving to Kerrick, a small town north of Stratford, when she passed by the roadside park and saw the two men "standing chest to chest, fighting."

When she "saw the patrolman definitely getting the bad end of the thing," she turned her car around so she could go for help. At this point, she "saw the black man standing there with a gun in his hand and the trooper was out in the edge of the wheat field."

Boren said she saw Booth running away from from the suspect, then turn and hold his hands up in front of his face. At that point, the gunman shot the trooper while he was in that posture.

The gunman was seen getting into his gray truck and driving away.

Law enforcement who arrived at the scene first found Booth lying at the edge of the field. He found no pulse. An autopsy later showed that Booth had been shot five times at close range.

The suspect, later identified as Joseph H. Horton, 48, of Tallahassee, Fla., was arrested an hour later without incident in the city of Stratford. Joseph Hercules Norton, 48, was charged with capital murder and booked into Sherman County Jail.

Booth was the first DPS trooper to be killed in the line of duty in 1993 and the 70th trooper to die in the line of duty since die since Jan. 18, 1932. He was a Memphis, Texas native who joined the DPS in 1987 and was stationed in Stratford.

June 18, 1993

As the DPS investigated the case, they feared that Booth was shot with his own service weapon and began an intensive search of the area. The trooper was was wearing a bulletproof vest at the time of the shooting, but DPS spokesman Wayne Beighle told media that "There are lots of places that a bullet-proof vest does not cover"

Authorities searched the immediate area where Booth's body was found to no avail. They then began a massive search for Booth's handgun in surrounding areas.

Booth's service weapon was found at a railroad site after an extensive search. Additionally, witnesses were able to identify a gray pickup truck that had been seen at the railroad site and the shooting site.

1994

A trial was held in Potter County after a motion for change of venue was granted.^[2] A jury sentenced Nortion to life in prison.

On appeal, Norton's counsel argued that the prosecution's statements that Booth was a husband and father, and that he was "maliciously and systematically executed" were prejudicial.

Additionally, statements from the prosecutor that "it's the duty of the State of Texas to see that the person that committed that act is brought to trial and convicted of this offense." were argued to be reversible error.

MR. GREEN (Defense Counsel): I'm going to object to the use of any fact that would suggest an execution. The indictment says, "by shooting." There are no words in the indictment that talk about "the execution." I'm going to object to any references by the prosecutor —

THE COURT: I'll overrule that objection.

MR. BLACKWELL (Prosecutor): Your Honor, am I going to have to come up every single word in this particular opening or —

THE COURT: I think that's up to Mr. — Mr. Green.

MR. BLACKWELL: That the evidence will show that Officer Booth was shot and left to die at a road north of Stratford in Sherman County, Texas. Now, it's the duty of the State of Texas to see that the person that committed that act is brought to trial and convicted of this offense. And we accept that being an obligation —

MR. GREEN: Excuse me. I need to make an objection, please. If we can approach the bench?

THE COURT: You may approach.

MR. GREEN: Your Honor, Mr. Blackwell is misstating the law. It is not the State's duty to seek a conviction. It is Mr. Blackwell's duty as an elected prosecutor to seek justice, not convictions. That's the oath that he takes, and I would like an objection to that reference by Mr. Blackwell before the entire panel.

* * * * * *

In the memorandum, it is shown that DNA evidence taken from Nortion as evidence consisted of very small samples of blood from his clothing. Experts testified at trial that the remaining strands would not be able to be tested again because there simply wasn't enough of it.

The weight of Norton's conviction relied upon the fact that the killing took place along a busy highway with numerous witnesses. And the witnesses provided testimony that was consistent with each others accounts. The shooting took place under the summer sun. This meant that the DNA evidence played a relatively minor part in the conviction of Norton.

Norton's Insanity defense

In a hearing where Norton's attorney indicated his intent to file an insanity defense, it was shown that in his initial and recent conversations with his client, Norton said he had no recollection of any contact with a state trooper, nor did he remember any traffic stop north of Stratford or anything that happened that day.

Norton also told his attorney that when he was twelve or thirteen years old, he was hit in the head with a railroad tie and knocked unconscious. He also related a story of receiving a "rather severe electrical shock which knocked him unconscious and required some... medical treatment."

Since that time, he claimed to have had blackout spells, periods of time about which he cannot remember his actions, as well as a tendency to fall asleep and regain consciousness in the middle of activities.

Norton's attorney argued that this behavior was consistent with the facts of this case in which, even after being seen with the slain trooper, Norton went back to Stratford and wandered around looking for the bus station.

Arrangements were made for appellant to see Dr. R. Preston Shaw in Lubbock, with directions to the doctor to give appellant his "Miranda" rights prior to the examination. Specifically, the trial court ordered that Dr. Shaw determine appellant's present sanity and his sanity on the day of the shooting, and limited his examination in that he

... make no examination to determine or render any opinion as to whether or not there is a probability that Defendant, JOSEPH H. NORTON, would commit criminal acts of violence that would constitute a continuing threat to society, as the only examination that is ordered is set forth above.

The doctor was then directed to send written reports containing the result of his examination to the trial judge, the prosecutor, and defense counsel.

Dr. Shaw never conducted a psychiatric examination because on May 18, 1994, appellant filed a "Motion to Withdraw Notice of Insanity Defense" in which he stated that he had

[a]dvised Defendant to invoke his 5th and 6th amendment rights under the United States Constitution and his rights under the Texas Constitution not to be examined or answer questions from the Court's appointed psychiatrist and Defendant concurs with counsel's advise [sic] and hereby

invokes these rights, and requests the Court to cancel the examination.

During jury voir dire on June 13, 1994, defense counsel presented an "Ex Parte Motion for Further Examination of Defendant on the Issues of Future Dangerousness and Mitigating Circumstances," again requesting that any results generated by any examination be subject to the attorney-client privilege.

Attached to the motion was an affidavit by Dr. William Bruce Jones, a licensed psychologist who specializes in neuropsychology and neuropsychological evaluations. Dr. Jones averred that the testing he was able to perform with appellant indicated brain dysfunction, cortical injury and a need for further assessment, then requested 1) basic and quantitative electrocephalogram and thorough neurological evaluation, 2) magnetic resource imaging and/or photon emission scanning, 3) rheumatological evaluation by rheumatologist, 4) toxicology evaluation by toxicologist and 5) psychiatric evaluation by a psychiatrist. However, Dr. Jones did not express any opinion as to appellant's insanity or inability to stand trial. This motion and affidavit were presented after appellant withdrew and thereby waived his insanity defense.

TDCJ Info

From the OMDP page

It’s been over 32 years now. Brian and Brady are grown men. You have a granddaughter named Braxton. She has your and Brian’s initials. You have been reunited with so many of your family. I know your parents were so happy to see you again. The rest of us still miss and love you. I know you are proud of the boys. So many still remember you. I love you.

Renee Booth Cavitt
Wife
December 31st, 2025

Oh my how I remember that day. I was making an arrest when it came over the radio. Handed it off to a unit assisting and I headed out to Stratford all the way hoping praying that it was not really true.
It is just like was only yesterday that I was sitting in the Sgt. Hood’s office talking about life then, the night before the whole area was to gather visiting. I know one day soon I will see my brother in Christ.

Franky Scott, Sheriff
Hartley County Sheriff’s Office, Channing, Texas
June 16th, 2018

Steve you and I worked together when I was a Deputy for Moore Co. S.O. The night the drunk driver drove into the bar at Cactus was a laugh. Miss you eating pie at my house the memories are so great.

Randy Hooks Chief Deputy Eastland County
A great friend and partner
May 31st, 2013
#officer/HCSO/Hooks-Randy

Steve it has been many years since we spoke last. I will never forget the silly laugh you have.
I remember the call we got one night about a pickup truck hitting a cow on U.S. 287. We found the truck but not the driver and we never found the cow. We looked high and low and then you stepped on a rattle snake and how white you got is unforgettable.
Miss you buddy.

Under Sheriff Frank Haas #2
Sherman County Sheriff Department
December 27th, 2012