HOUSTON — A man has been found guilty of two counts of aggravated assault in a 2019 road rage shooting that left a family burned after fireworks exploded in the back of their truck.
Bayron Rivera was facing two aggravated assault charges and two injury to a child causing serious bodily injury charges. Prosecutors said Rivera was only convicted in the two aggravated assault charges involving the parents because the jury could not reach a verdict on the injury to a child charges.
The punishment phase of the trial will begin in October.
During last week’s closing arguments, Rivera’s defense attorney argued the source of the spark that ignited the fireworks could not be determined. Prosecutors said one of the many rounds Rivera fired at the truck as it drove away is what obviously made the spark.
After two days of deliberations, nobody outside of the jury room can say for certain if the source of the spark is what divided the jury, ultimately leading to the mistrial.
Prosecutors have not said if the Harris County District Attorney’s Office will elect to pursue the injury to a child charges against Rivera again in a second trial.
“We thank the jury for their service,” said a spokesperson for the Harris County District Attorney’s Office. “We respect their decision and everything is under review at this point.”
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.
Two young brothers, then 2-year-old Bentley and 3-year-old Messiah, were badly burned when fireworks in their vehicle were ignited.
According to court records, the boys were with their mother and father and they had purchased fireworks from a Fiesta in the 1700 block of West Mount Houston Road. When they were leaving the parking lot, the dad cut Rivera off, court records said.
Rivera pulled up to the side of the family's car when they approached a stoplight and he and the dad exchanged words. When the light turned green, the dad drove away, but Rivera followed him, court documents say.
The dad said he saw Rivera turn into Ella Quick Mart gas station in the 1800 block of West Mount Road so he went to a nearby Walgreens to get diapers.
According to the dad, 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.
The dad said he pulled into the Quick Mart and Rivera followed him. He and Rivera got out of their cars and exchanged words again, court records say.
The dad 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.
The dad, mom and their two children all suffered burns.
Gas station video shows what happened when prosecutors said Rivera opened fire with an AR-15 into the family’s pickup 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 we first saw them at Shriner’s Hospital in Galveston.
Their painful surgeries and their recovery are far from finished.
Their mother said they’ll still be getting skin grafts for almost the next 20 years.
As the boys are getting 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 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 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.”
The suspect, Bayron 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.
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.