Navy Prosecutors Say Circumstantial Proof Sufficient to Convict Sailor in Bonhomme Richard Hearth Trial

SAN DIEGO — Navy prosecutors rested their case Friday towards the 21-year-old sailor accused of beginning the devastating hearth on the amphibious assault ship Bonhomme Richard, simply 1,000 toes from the place the $1.2 billion warship burned greater than two years in the past.

Seaman Recruit Ryan Sawyer Mays, a 19-year-old deck seaman on the ship on the time of the hearth, is charged with aggravated arson and the willful hazarding of a vessel.

Mays denies beginning the blaze. He faces life in jail if convicted.

With no eyewitness to anybody setting the hearth, Capt. Jason Jones advised the navy choose Friday that he and fellow prosecutors had met their burden to proceed with the case in response to a protection movement to seek out Mays not responsible at this juncture within the trial. Mays had the motive and alternative to start out the hearth, Jones mentioned, and circumstantial proof continues to be proof — particularly in an arson case the place the crime scene was destroyed.

The Navy’s key witness, a sailor on watch on the Bonhomme Richard the day of the hearth, testified Thursday he noticed Mays stroll down a ramp from the higher car storage space — the place he was on watch — to the decrease car storage space about 20 minutes earlier than seeing smoke.

An investigator from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives testified earlier within the week that the hearth was set deliberately in that decrease storage space, known as the “decrease V,” simply after 8 a.m. that morning.

Petty Officer 2nd Class Kenji Velasco, who was additionally a deck seaman on the time, is the one witness inserting Mays on the scene close to when investigators say the hearth started. He mentioned he noticed an individual he believes to be Mays, sporting a face masks, hat and “boot camp” coveralls. Velasco mentioned the individual was the identical construct as Mays and that Mays stood out amongst Deck Division sailors for sporting that sort of coverall, as most wore a special, flame-resistant coverall uniform on board.

Velasco mentioned the individual was carrying a steel bucket with each palms and handed about 7 toes from him.

“I really like Deck,” the individual mentioned as he handed, in accordance with Velasco.

Velasco mentioned he acknowledged Mays’ voice however wasn’t positive Mays was on obligation that day. He mentioned on July 13, 2020 — the day after the hearth — he known as a Deck Division obligation supervisor to seek out out. Throughout that decision he advised Boatswain’s Mate 2nd Class Beau Benson he’d seen somebody in boot camp coveralls head into the decrease V simply earlier than the hearth and requested if Mays was on obligation.

Benson advised him sure, Velasco mentioned. Velasco then requested the place he’d despatched Mays after obligation part muster, however Benson could not say. Benson additionally testified and confirmed the dialog passed off. He testified he remembered Velasco being “fixated” on one individual however didn’t keep in mind who.

In a while the day after the hearth, Velasco mentioned, he advised Boatswain’s Mate 2nd Class Matthew Betz in regards to the individual he noticed the morning of the hearth going into the decrease V. Velasco mentioned Betz advised him Mays wore boot camp coveralls upon listening to that element.

Betz confirmed this dialog passed off throughout his testimony Thursday.

Investigators interviewed Velasco a number of occasions after the hearth. Nevertheless, he didn’t give them Mays’ identify at first and initially advised brokers from the Naval Prison Investigative Service he couldn’t establish the sailor he noticed.

Lt. Cmdr. Jordi Torres, Mays’ lead protection legal professional, pushed Velasco to elucidate why throughout cross-examination.

“Did NCIS stress you?” Torres requested.

“Sure, sir,” he replied from the witness stand.

“They advised you numerous was using in your testimony?” Torres requested.

“Sure, sir,” Velasco answered.

Velasco advised Torres some individuals on the ship began accusing him of setting the hearth. Some started calling him “fire-starter.”

Requested by Cmdr. Leah O’Brien, a Navy prosecutor, why he did not identify Mays sooner, Velasco mentioned “I simply did not need to point out names or anyone to get in hassle.”

Benson, Betz and different Bonhomme Richard Deck Division sailors testified Mays made it recognized on board he was not blissful and needed to get again into the Navy SEAL coaching pipeline at Primary Underwater Demolition/SEAL college in Coronado.

Prosecutors allege this was Mays’ motive in beginning the hearth — that he hated being a deck seaman on a ship and was in search of a manner again to BUD/S.

The prosecution’s concept is that Mays retrieved a flammable substance, resembling paint thinner, after obligation part muster that morning and carried it into the decrease V in a steel bucket. After lighting a big, triple-thick cardboard field on hearth, he then left the decrease V through a conflagration station ladder that introduced him three decks above, the place he turned into his camouflage uniform, prosecutors mentioned.

Betz testified that only a week and a half earlier than the hearth, he confirmed Mays two conflagration stations within the ship’s decrease V. NCIS Particular Agent Al Porter, who interrogated Mays, mentioned the sailor initially advised him the principle ramp was the one manner out and in of the house however later bragged about “skating off” — avoiding work — contained in the decrease V’s conflagration stations.

Mays additionally advised Porter he misplaced all his garments and letters from boot camp within the hearth — garments and letters NCIS present in Mays’ truck and barracks room, Porter mentioned.

Prosecutors wrapped their case Friday afternoon with testimony from two Navy masters-at-arms who had been tasked with escorting Mays to the Miramar brig upon his arrest on Aug. 20, 2020. Each testified they heard Mays utter “I am responsible, I did it,” upon studying he was going to the brig.

Gary Barthel, a civilian navy legal professional who beforehand represented Mays, has been in court docket for the trial. He mentioned these statements, and others attributed to Mays, are key for the prosecution.

“As a result of it is a circumstantial case, they’ve to determine guilt in some way,” Barthel mentioned Friday after court docket.

Barthel mentioned he thought it odd prosecutors solely known as one NCIS agent — one who left the case early in October 2020 — and never the co-supervising agent. Barthel mentioned that agent was concerned in NCIS’ monthslong pursuit of one other suspect they finally cleared, and that different concept might be an enormous a part of Mays’ protection.

Mays’ court docket martial resumes at Naval Base San Diego on Monday morning, when the protection will placed on its witnesses.

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