Mistrial declared in murder case

By: North County Times wire services | Wednesday, June 23, 2004 10:37 PM PDT ∞

SAN DIEGO - A mistrial was declared Wednesday in the case of a man charged with murder for allegedly helping a friend set up a victim to be shot at close range.

Ricardo Pedroza Leon, 27, is accused in the Sept. 6, 2002, killing of Alfredo "Fred" Basabe.

Jurors deadlocked 6-6 on whether Leon was guilty of murder. The defendant is also charged with a special circumstance allegation of lying in wait.

Superior Court Judge Laura Hammes is expected to set a new trial date tomorrow.

An unknown "hit man" shot Basabe four times in the back of the head as he sat in his car, Deputy District Attorney Blaine Bowman said in his closing argument.

The victim's body was found the next day near the Home Avenue exit off Interstate 805.

"He was executed," the prosecutor said.

Bowman said Leon made up a number of stories about his involvement in the killing.

Leon told police he drove friend and co-worker Erick Collazos to a liquor store where they intended to meet the victim, but he wasn't there, the prosecutor told the jury.

Basabe ran out of gas and was later killed.

The prosecutor said the saga began April 1, 2002 when Basabe gave Collazos $15,000 in hopes of making it big with an investment in the B&E Installation company.

Basabe was to get 10 percent of the proceeds, Bowman told the jury. Between April and August 2002, Collazos took in $37,747, mostly for work done by Basabe, the prosecutor said.

Basabe didn't get any money from Collazos for five months and when he did, a $320 check bounced, Bowman said.

Collazos and his business partner were sued twice for not paying their bills and were evicted from their storage unit, Bowman said.

On Aug. 19, 2002, Basabe went to Collazos and told him he could do the work cheaper, the prosecutor said.

Basabe "became a traitor," said Bowman.

On the night Basabe was killed, Leon told police he fled the scene after a man put a gun to his head, Bowman said.

"The truth is (Leon) didn't have a gun to his head," Bowman said. "We have somebody who is hiding facts. The plan was to take care of Fred."

Leon drove the getaway car after Basabe was killed, the prosecutor said.

"He was there when they needed him to drive away from the scene," Bowman told the jury.

In his closing argument, defense attorney Chip Venie said Leon had no idea what was going to happen to Basabe.

Leon lied to police just after the incident because he was scared, Venie said. He said Basabe was killed because of his drug dealing.

"Fred Basabe was killed because he crossed his business partner," the attorney said. "The evidence has shown that. Ricky Leon was in the wrong place at the wrong time. Ricky Leon didn't want to end up like his friend Fred Basabe ended up."

Collazos is also charged with murder and special circumstance allegations of lying in wait and murder for financial gain.

Hammes will preside over his jury trial beginning this week.