HOUSTON — Bayron Rivera has been sentenced to 20 years in prison after being found guilty of two counts of aggravated assault in a 2019 road rage shooting that left a family of four burned after fireworks exploded in the back of their truck.
The family said their reaction to Wednesday's verdict is bittersweet.
"While I am beyond grateful for the guilty verdicts for me and Reginald, I can't help but to feel defeated and unable to celebrate because my babies haven't received the justice they so very deserve. The ones who have suffered the most pain from his actions, the ones who still and will continue to go through the most pain due to his actions, " the mother said.
Rivera is only being punished for the injuries the parents sustained during the road rage shooting. He was also charged with two counts of injury to a child causing serious bodily injury, but the jury could not reach a verdict on those charges.
The family, including the two boys, had just picked up the fireworks when they encountered Rivera during a road rage incident. Rivera shot several times at the family's car. The fireworks in the back of their car exploded shortly after.
All four members of the Smith family suffered burns from the fireworks explosion, but the two brothers, then 2-year-old Bentley and 3-year-old Messiah, were burned the worst.
The boys are still recovering and are far from finished.
Prosecutors have not said if the Harris County District Attorney’s Office will elect to pursue the injury to a child charges against Rivera in a second trial, but their are hoping for justice.
What happened
Attorneys for Rivera claimed he was acting in self-defense when a verbal argument escalated into the horrific road rage shooting and fire.
The Smith family purchased fireworks from a Fiesta on West Mount Houston Road. When they were leaving the parking lot, Reginald Smith cut Rivera off, court records say.
Rivera pulled up to the side of the family's car when they approached a stoplight and he and Reginald Smith exchanged words. When the light turned green, Reginald Smith drove away and Rivera followed.
Reginald Smith said he saw Rivera turn into Ella Quick Mart gas station on West Mount Road near Veterans Memorial Drive so he went to a nearby Walgreens to get diapers.
According to Reginald Smith, he was in Walgreens for about 10 minutes, and when he walked out of the store, he noticed Rivera's car in the parking lot.
Court records say Rivera eventually left the Walgreens parking lot, but he made a U-turn down the street so he could follow the family's car.
Reginald Smith said he pulled into a Quick Mart and Rivera followed him. He and Rivera got out of their cars and exchanged words again, court records say.
Reginald Smith said he saw Rivera pull out a gun so he got back in his car and started to drive away. He told investigators that's when Rivera shot several times at his car, igniting the fireworks inside.
Reginald Smith, Jasmine Smith, Messiah and Bentley all suffered burns.
Gas station video captured what happened when prosecutors said Rivera opened fire with an AR-15 into the family’s truck, igniting the Fourth of July fireworks that were in the back seat.
Road to recovery
It has been more than three years since Bentley and Messiah were severely burned in the horrific 2019 shooting.
Messiah and Bentley are now 5 and 4 and look much different than when we first saw them at Shriner’s Hospital in Galveston.
Their painful surgeries and their recovery are far from finished.
Jasmine Smith said they’ll be getting skin grafts for the next 20 years.
As the boys get older, they’re starting to ask questions.
“That was my biggest fear just knowing that that day would come,” Reginald Smith said.
Other kids have asked why they look different.
“He’s had kids come up to him and ask him: 'What’s wrong with your hands? What happened?' He had a kid tell him he looks weird,” Jasmin Smith said.
“I’m thankful that I have scars, too, so I can show them that 'hey, we’re all in the same boat,'” Reginald Smith said. “People may look at us, but just look at me and you see I’m going through the same thing so don’t let that discourage you."
Although they said their boys don’t remember that night, Jasmin and Reginald do remember it like it happened yesterday.
“Around this time I always see it, over and over and over,” Jasmin Smith said. “I spend a lot of nights to myself in the shower, getting it out.”
Rivera was released on bond months after the incident. While out on bond, court records show he was re-arrested, accused of shooting and killing a man in his driveway. Rivera is still awaiting trial in that case.
With the help of family, friends and strangers — the Smiths have managed to grow closer to each other these past three years.
As the boys continue to grow up, the Smiths said they will overcome whatever obstacles come their way.
They’ve already survived the worst.
“We don’t want them singled out, we don’t ever want them to feel different, because they’re not,” Jasmin Smith said. “Even though you look different on the outside we’re all the same on the inside.”
The family has created a GoFundMe account to help with the boys' ongoing surgeries and related expenses