The jury in the 132nd District Court trial of Kevin Mark Basford reached a split decision Wednesday evening. Members of the jury exonerated Basford on a charge of auto theft, but found him guilty on a charge of evading arrest.
“I was pleased with the jury’s decision on the evading arrest case, which actually carries a higher punishment than the unauthorized use of a motor vehicle case,” said District Attorney Ben Smith. “I appreciate the jury’s work.”
Wednesday’s evidence included more video of the chase leading to Basford’s arrest, as well as testimony from the arresting Department of Public Safety trooper, Clint Hounshell, and Hertz rental agency representative Melissa Cope.
The trial began at about 2:30 p.m. Tuesday, after the jury was empaneled that morning. During the trial Tuesday afternoon, Smith presented DPS Trooper Nathaniel Washburn of Crosbyton, who first attempted to stop Basford on U.S. Hwy. 84 in Garza County for speeding — 59 mph in a 55-mph zone.
Smith rested for the prosecution at noon Wednesday, and defense attorney Trey Keith called his only witness — Basford himself.
During testimony peppered with objections for relevance and hearsay, Basford’s tale of an itinerant construction worker began to unfold.
Basford, a native of Maine, testified that he was laid off from a construction job in Florida, traveled to Los Angeles to look for work and then headed to Las Vegas when he couldn’t find a job. He couldn’t find work in Las Vegas, either, he said.
“I was planning on flying back to Florida,” he testified. “I thought I had exhausted all my resources in Florida, and I thought there was opportunity out west, but it wasn’t there. So I decided to go back to Florida.”
Somewhere between the hotel in Las Vegas and the airport, he lost his luggage, he said. After asking for help at the American Airlines ticket desk, the clerk referred him to Hertz rental agency for help, he said.
“I took the shuttle to Hertz rental. I spoke with two employees,” he said.
Basford testified that an employee of Hertz rental, whose name he didn’t know, told him to take a car to go look for his luggage.
He took a 2018 Chrysler. Before leaving Las Vegas, Basford said he encountered a car at a Fairfield Inn that looked exactly like his rental car, but with veteran’s license plates. Basford said he took those plates to protect himself from people with guns.
“People were pulling guns on me,” he said. “I used that plate because I wanted the military status. I wish I had never used that plate. I don’t want to be buried in your Texas jail with a bunch of animals over this series of mishaps.”
After taking the license plates, Basford said he began driving to Florida, planning, he said, to turn the car in at a Hertz location in that state.
Under cross examination by Smith, Basford said he didn’t stop when Washburn attempted to pull him over because he was afraid.
“Someone pulled a gun on me before I got to Lubbock,” Basford said. “I think they were following me from Amarillo.”
At several points during the testimony, Smith questioned the veracity of Basford’s statements.
“You’re making this stuff up, aren’t you?” Smith asked.
Basford responded negatively.
“This is some kind of Texas thing you guys do,” he said.
Asked if he intentionally evaded Washburn, Basford said he didn’t feel the trooper could keep him safe from the assassins who followed him from Amarillo.
“I just didn’t feel safe,” he said.
When Hounshell pulled him over later, Basford testified he felt safe at that point.
The defense rested at about 2:10 p.m. Wednesday. The defense and the prosecution gave their closing statements, and the jury deliberated about an hour before returning their verdicts.
The punishment phase of the trial commenced at 8:30 a.m. today. Smith said the evading charge could carry a punishment of as much as two years in prison.
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