Deliberations Start in Trial of Migrant Slayer

The jury deciding the fate of a San Ysidro man accused of killing an illegal migrant who ran through his back yard heard closing arguments Friday and then began deliberating.

Harold Ray Bassham, 20, admitted during the trial that he shot Humberto Reyes Miranda on April 20 in cul-de-sac near Interstate 5. He said he fired his .25-caliber handgun only after Reyes threw a brick at his dog and then threatened to throw a rock at him.

Prosecutors, however, see the case much differently. During her closing argument, Deputy Dist. Atty. Jennifer Crossland portrayed Bassham as a cold-blooded killer who fired directly at an unarmed man.

While “we cannot condone� Reyes and five others for entering the U.S. illegally, the prosecutor said that was not a sufficient reason for the slaying.

“It certainly does not justify the callous decision in this case to kill Humberto Reyes,� Crossland said.

Citing the testimony of Reyes’ best friend, Javier Rodriguez Martinez, Crossland said there is no evidence to support Bassham’s claim that Reyes was armed with a rock and approaching in a threatening manner.

“He (Rodriguez) didn’t see anything in Mr. Reyes’ hands,� Crossland said. Rodriguez testified last week that he was on top of the freeway noise wall when Bassham leveled his handgun and fired one round into Reyes’ chest.

In contrast to the prosecution, defense attorney Scott Rand said his client feared for his life and that Rodriguez was lying to the jury.

Saying that the Mexican national “has a complete lack of credibility,� Rand told the jury it should disregard his testimony because he entered the United States illegally on previous occasions, even though Rodriguez denied this during his testimony.

Rand also attempted to diffuse apparent contradictions in Bassham’s trial testimony. “Just because someone tells the same story slightly differently, it doesn’t automatically mean that person is lying,� he said, referring to Bassham’s testimony and statements he initially made to police.

Rand even called into question the victim’s character by alleging that Reyes was the “coyote� who guided the others across the border. To illustrate what he said were Reyes’ frequent visits to the U.S., Rand produced Reyes’ wallet--which surprisingly was found in his pants during the course of the trial--and showed the jury a discount pass to Sea World.

Acting Superior Court Judge Frank A. Brown instructed the jury to consider five options during its deliberations: first- and second-degree murder, voluntary and involuntary manslaughter, and not guilty.

If convicted of first-degree murder and a related gun-use allegation, Bassham would receive a mandatory sentence of 30 years to life in state prison.