By the end of the fifth day of trial, other sailors aboard USS Bonhomme Richard claimed that Ryan Sawyer Mays, the defendant, admitted to setting the July 2020 blaze that destroyed the massive assault ship.
Retired NCIS special agent Al Porter testified that Mays told him that he lost everything in the fire, including clothes and letters from his parents and girlfriend. But after securing a search warrant, they found some of those letters in Mays’ vehicle.
During that taped interview, Mays claimed he was innocent 125 times.
NBC 7 heard from two sailors who escorted Mays from NCIS to the brig after he was accused of causing the fire.
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They claimed Mays said, “I’m guilty, I did it, I guess.”
One added that Mays also said, “It had to be done.”
The government called that an admission while the defense said it was sarcasm. The sailor who Mays claimed assigned him cleaning duties the morning of the fire also spoke. She testified that she was not on board the ship that day and did not assign him to clean.
May’s former defense attorney Gary Barthel -- who is no longer on the case -- shared his thoughts on whether or not this hurts the defense’s case.
"I don’t know that it’s that hurtful to Mays, again, when you consider the fact that he was questioned on 20 August about events that occurred on 12 July. I think most people would have a difficult time having actual recall on what occurred on that particular day," Barthel said.
On Monday, Mays, 21, pleaded not guilty to all charges against him and waived his right to a jury trial.
Mays faces charges of arson and willful hazarding of a vessel for allegedly setting the blaze that began July 12, 2020, and burned for several days, sending a plume of dark smoke over the portside city while the warship was docked at Naval Base San Diego.
Mays, who is still on active duty, gave up the right to a trial by jury and chose to be tried by a military judge alone. The trial is expected to last two weeks and Mays faces up to life in prison if convicted.
He spoke briefly to NBC 7 during a break in proceedings Monday. "If you have any questions, feel free to contact my legal counsel but I just wanna say thanks guys, I appreciate you."
Prosecutors have alleged that Mays was "disgruntled" with the Navy after dropping out of the SEAL training program.
Cmdr. Leah O'Brien, for the prosecution, described the alleged arson in her opening statement as "a mischievous act of defiance gone wrong." After failing to become a Navy SEAL, Mays was assigned to the Bonhomme Richard's deck department, a job he had "a visceral hatred" for, she alleged.
USS Bonhomme Richard
The prosecutor said the ensuing investigation left "no doubt this fire was arson" and was most likely caused by touching an open flame to combustible material, as well as using an accelerant like paint thinner or gasoline.
His defense team is attempting to cast doubt on the government's narrative on how the fire started. His lawyer made a motion Monday to include as evidence a fire that started 18 days before the Bonhomme Richard went up in flames. The lawyer argues it could prove there was another sailor who could have started the fire.
At an Article 32 hearing held last year at the base, prosecutors alleged the blaze was sparked by someone touching an open flame to an ignitable liquid applied to tri-wall containers in the Lower V.
Defense expert witnesses challenged findings that the blaze was an incendiary -- or deliberate -- fire, and said further analysis of the scene should have been completed before investigators ruled out possible accidental causes of the blaze.
While Mays is the only person criminally charged in connection with the fire, the Navy issued a letter of censure earlier this year to the former commander of its U.S. Pacific Fleet, alleging leadership failures stemming from the fire, and also issued 27 "individual disposition decisions" regarding fire prevention, readiness and response efforts aboard the ship.
