Ali Bass, 33, of Newark, claims his passenger, Arsenio Payton, was behind the wheel when the two men crashed head-on into a pickup truck
NEWARK -- With Newark police officers chasing them on Dec. 11, 2009, Ali Bass and Arsenio Payton were traveling in a vehicle that went the wrong way on Irvine Turner Boulevard and crashed head-on into a pickup truck. Bass was later found in the vehicle and Payton was arrested after running away.
But an Essex County jury must determine whether Bass or Payton was driving the car.
That is the issue jurors must resolve at Bass's trial on eluding, resisting arrest and related offenses in connection with the incident. Bass, 33, of Newark is accused of fleeing from police officers when they tried to pull him over for not wearing a seat belt.
Bass also is charged in three murders, but those cases are being handled separately.
During closing statements on Thursday, Essex County Assistant Prosecutor Justin Edwab argued Bass was behind the wheel, and Bass's attorney, Thomas Ashley, claimed Payton was driving.
MORE: Man charged in 3 murders on trial for wrong-way crash in police chase
At the center of that dispute are Payton's conflicting statements about the incident.
When Payton pleaded guilty in February 2010 to an obstruction charge in the case, he said Bass had been driving the vehicle. Under a plea deal, Payton was ultimately sentenced to 364 days in the Essex County jail.
But when he testified on Wednesday as a defense witness at the trial, Payton claimed he was driver.
Ashley told jurors Payton initially lied about Bass being the driver in order to secure the plea agreement and avoid more time behind bars.
"It's human nature. That friendship meant nothing at the time. Bass was nothing to him in that time. The only thing that mattered was Arsenio Payton," Ashley said. "And that's the criminal justice system at its very best or maybe at its very worst."
Ashley said neither Bass nor anyone from his family intimidated Payton into changing his story, but instead Payton "realized that what he did was very wrong."
Ashley also said Payton wrote him a letter and, as a result, the two men later met on three occasions. Ashley indicated he visited with Payton to prepare him for his trial testimony.
"There's nothing wrong with that," Ashley said.
But Edwab claimed "somebody influenced Mr. Payton," and later noted those meetings with Ashley, who objected to any negative inferences Edwab was making.
Edwab argued Payton was lying about him being the driver and told jurors "what Arsenio Payton is serving you is rotten."
Edwab noted how Payton's blood was found on the inside of the passenger side door. Edwab criticized Payton's claims that he climbed from the driver's seat to run from the passenger side, and that Bass was in the back seat.
"It's a lie," Edwab said. "The truth is Ali Bass is driving."
Edwab pointed out how police officers testified they saw Bass driving the vehicle.
The attorneys also clashed over the extent of Bass's injuries and where he was discovered in the vehicle.
Edwab said Bass broke his left leg in the collision and police officers saw him moving from the driver's seat to the back seat. According to Edwab, that injury is consistent with Bass driving and striking his left leg against the steering wheel.
When Bass was moving to the back seat, Edwab said he was "using the right side of his body to get away."
But Ashley argued the broken leg would have made it impossible for Bass to quickly move to the back seat from the driver's seat.
Given that injury, Ashley disputed one officer's account that Bass was found with his broken left leg on the driver's seat, his right leg on the center console and his upper body in the back seat.
"We just know it just couldn't have happened that way," Ashley said.
Authorities have claimed the wrong-way collision occurred about two hours after Bass, Payton and Tyree Miller allegedly participated in the fatal shooting of Quawan Robinson, 31, of Newark, in front of 26 Johnson Avenue in the city. Robinson was found with multiple gunshot wounds to his head and torso while inside his vehicle.
Bass also is charged with fatally shooting Hassan Brown, 29, of Newark and Franklin Johnson, 47, of East Orange, during a July 20, 2009 incident at 109 South 12th Street in Newark. Authorities have said that killing was an act of vengeance after Brown was arrested and charged with the slaying of Bass's sister in 2008.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.