A former Johnson County volunteer firefighter who admitted setting several grass fires last year in the Venus area escaped prison time but will have to spend six months in a county jail as part of his probation.
Patrick David Pantuso, 22, pleaded guilty Thursday to two counts of arson in connection with two fires.
During closing arguments in the trial's penalty phase, prosecutors Matt Smid and Matt Boyle urged jurors to sentence Pantuso to prison time on one count and probation on the other.
"It could have been disastrous," Smid said Friday, referring to the 10 grass fires that authorities believe Pantuso set. "... The drought conditions were so bad, Gov. Perry had actually issued a proclamation stating Texas was a disaster area. Not only that, the fact that he's a volunteer firefighter, I think, makes this case aggravated."
After about five hours of deliberation, jurors sentenced Pantuso to 10 years' probation on each count. They also fined him $10,000, Smid said.
On Friday, prosecutors asked visiting Judge Vicki Isaacks to sentence Pantuso, as part of his probation, to 180 days in jail, the maximum allowed. Isaacks ruled in their favor.
As part of his probation, Pantuso can't work at or even visit any fire department and must wear an ankle GPS monitor from May 1 to Oct. 1 each year of his probation -- the peak months for grass fires.
The judge also ordered Pantuso to undergo a psychological evaluation and remove emergency lights he has put on his truck within 30 days of his release from jail.
Pantuso's attorneys, Bill Mason and Ben Hill Turner, did not respond to requests for comment Friday.
Igniting suspicions
Pantuso, a former volunteer with the Everman and Rendon fire departments, was on his way to becoming a member of the Venus Fire Department when he was arrested in August on an arson warrant.
He was also training to be a dispatcher and working as an emergency medical technician for American Medical Response, the ambulance company contracted by Arlington.
Venus Fire Chief Richard Allen and an assistant chief became suspicious of Pantuso because of his unusually quick response to fire calls. Allen told the Johnson County Sheriff's Department about his suspicions.
Smid said Pantuso was linked to the Aug. 27 grass fire near County Road 506 after Steve Shaw, the Sheriff's Department arson and wildlife investigator, proposed obtaining a court order allowing investigators to place a GPS tracker on Pantuso's vehicle without his knowledge.
In a subsequent interview with Shaw and investigator Ken Bartlett, Pantuso admitted setting seven fires in the Venus area, including one in Ellis County.
Smid said during the punishment phase Friday that prosecutors presented evidence that Pantuso was responsible for 10 fires. He said the grass fires burned anywhere from just under a quarter-acre to 8 acres but did not spread to any structures.
Smid said Pantuso took the stand during the trial.
"He said he was sorry and he said he did them," Smid said. "He admitted to all of them except one -- the biggest one on Aug. 1."
He did not, however, offer an explanation for his actions, Smid said.
"I asked him over and over for each fire ... and said, 'Why did you do it?'" Smid said. "His response to each question was 'I don't know. I don't know.'"
Pantuso testified that he started the fires by igniting a piece of tissue with his truck's cigarette lighter and dropping it out the window.
Smid said the defense teams called several character witnesses, including Pantuso's mother, who testified that her son has been diagnosed with depression.
More legal woes
Pantuso's legal problems are not over.
According to Tarrant County district clerk's records, Pantuso was charged March 8 with credit card abuse, a state jail felony.
According to a police report, Pantuso was working with a southwest Fort Worth packing and shipping business in January when he was suspected of using customers' credit card numbers to order items, then having the items mailed to the business.
Fort Worth police spokeswoman Sharron Neal said investigators believe that Pantuso then took items from the business.
Smid said Friday that he was not aware of the Fort Worth case.
He said he does not know what effect a conviction in the credit card case could have on Pantuso's probation.
Smid said Pantuso was booked into the jail Friday to begin his six-month sentence.
"Hopefully this jail time will send a message to him that enough is enough," Smid said.
Copyright 2012 - Fort Worth Star-Telegram, Texas
McClatchy-Tribune News Service
