Sat, Nov 22, 2008

Tucson Region

Trial opens in attack that paralyzed grad student

By Kim Smith
Arizona Daily Star
Tucson, Arizona | Published: 04.30.2008
University of Arizona graduate students Francisco Baires and Veronica Pastore wanted to celebrate Pastore being awarded a grant that would allow her to study in Africa
The two students walked downtown for some drinks, threw darts for a few hours, then headed north up Stone Avenue, back toward Pastore's apartment.
"It was the last healthy walk Francisco may ever have," Deputy Pima County Attorney Jonathan Mosher told jurors Tuesday.
Just past the Sixth Street underpass, Mosher said Ryan "Scandalous" Baker jumped out of his car and demanded the couple's cash and jewelry.
When he didn't get it, Baker took his metal Louisville Slugger baseball bat and hit Baires on the head with it, Mosher said.
Not having insurance, and assuming he would just wake up with a headache, Baires didn't go to the hospital.
A few hours later, Pastore found her boyfriend, who was studying to be a forensic anthropologist, unconscious on her bathroom floor.
Baires spent six days in a coma and woke up paralyzed down one side, Mosher said.
Tuesday was the first day in Ryan's trial.
The 28-year-old Tucson resident is charged with attempted armed robbery and two counts of aggravated assault with a deadly weapon for the June 26, 2007, attack.
Mosher told jurors that besides Baires and Pastore, they will hear from Davonn "Boss" Banks, a drug dealer who was with Baker that night, who will testify he turned Baker in to police.
One month after the attack, Banks was living in Alabama, where he got a call from Baker, Mosher said.
Baker was laughing because he'd just seen a report about the incident on TV and thought it was funny he was a wanted man and Baires was paralyzed, Mosher said.
Although a drug dealer and gangster, Banks was appalled by Baker's attitude, Mosher said, so after conferring with his mother he called the police.
Police found the baseball bat in Baker's car and the victims were shown photo lineups, Mosher said.
Pastore couldn't pick Baker out, but Baires did, Mosher said.
Defense attorney Stephanie Meade told the jury the case is a "double tragedy" because of what happened to Baires, and because Baker has been falsely accused.
Someone else attacked Baires; someone Banks is covering for, Meade said.
Banks called the police only because his sister was about to turn him in, Meade said. His girlfriend also was in jail and he thought he could turn the situation to her advantage, she said.
"Davonn Banks would sell his mama to the devil," Meade said.
Judge Deborah Bernini is presiding over the trial.
● Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com.