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Man Who Shot Illegal Migrant Pleads Guilty : Courts: San Ysidro man is expected to get 10 years for killing a Mexican man who ran through his back yard.

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SPECIAL TO THE TIMES

A San Ysidro man who fatally shot an illegal immigrant who ran through his back yard pleaded guilty Monday to voluntary manslaughter, canceling a scheduled retrial in the racially charged case.

Harold Ray Bassham, 20, admitted shooting Humberto Reyes Miranda, 23, after Reyes and four other migrants ran through his back yard on the morning of April 20. Bassham lived with his family in one of the first houses north of the U.S.-Mexican border near Dairy Mart Road.

Because Reyes allegedly threw rocks at his dog, Bassham drove in pursuit of the group and confronted the man in a cul-de-sac near Interstate 5.

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The prosecutor and defense attorney in the case agreed that Bassham will be sentenced to 10 years in state prison on Jan. 13.

At the first trial, Bassham testified that he fired his .25-caliber handgun only after Reyes--armed with a rock--ran toward him in a threatening fashion.

“We still maintain he was justified in doing what he did,” said Scott Rand, Bassham’s defense attorney.

“He was afraid for his life, that’s why he shot.”

A mistrial was declared in August when a jury deadlocked 9-3 in favor of guilt. While three panel members favored acquittal, the remaining jurors favored convicting the unemployed man, although they too were reportedly split between murder and manslaughter.

“I think the plea was a good plea for both sides,” Deputy Dist. Atty. Jennifer Crossland said. “There are risks associated with trial for both sides.”

Crossland said she agreed to the deal because Bassham is “guaranteed” to serve time in state prison.

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While prosecutors had sought a conviction of first-degree murder--a crime with a minimum prison sentence of 25 years to life--some jurors in the first trial said they believed Bassham acted in self-defense.

But Bassham’s story was contradicted by the prosecution’s key witness, 20-year-old Javier Rodriguez Martinez, Reyes’ best friend and one of those who illegally crossed the border that morning.

Rodriguez testified that everyone in the group except Reyes had scaled a freeway noise wall and it appeared that Reyes was prepared to climb the wall when the shooting occurred.

“As far as what really happened, I think Harold is the only one who knows,” Rand said.

In addition to the volatile issue of illegal immigration, the case attracted considerable attention last spring when several Latino groups called on the district attorney’s office to prosecute Bassham under hate crime laws.

Several white supremacists, including Fallbrook’s Tom Metzger, expressed interest in the case and argued that Bassham was exercising his American right to protect his property.

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