Nov. 24--CORPUS CHRISTI -- Of the more than 300 structure fires the Corpus Christi Fire Department responded to last year, 142 were investigated as suspicious.
Investigators determined 55 were accidental, 44 were undetermined, meaning the origin of the fire was found, but a cause was not, and 43 were incendiary. Incendiary can be defined as arson, but the term straddles a fine line because the investigator must prove the fire was set intentionally, Assistant Fire Chief Andy Cardiel said.
That's the task before Capt. James Brown, who is investigating the cause of a fire that heavily damaged two nightclubs in the 5800 block of South Staples Street on Tuesday morning.
The investigation is ongoing, Brown said, and his job now is to prove intent.
"That's the tough part," Brown said. "But by collecting witness statements and evidence, it's the difference between categorizing it as an accidental fire or arson."
Since 2000, arson-related fires have caused an average of more than $800 million in property loss each year in the United States. Arson can have devastating financial and emotional effects on a business, according to the U.S. Fire Administration.
But by collecting witness statements and evidence, it's the difference between categorizing it as an accidental fire or arson."
Assistant Fire Chief Andy Cardiel
Nationally almost 3,000 people die each year in fires. About 300 of those deaths are attributed to arson, according to the U.S. Fire Administration, by which the deaths are legally considered as homicides.
From 2006 to 2011, there were 1,175 fires in Corpus Christi, of which 98 were classified as arson, according to data submitted to the Texas Fire Incident Reporting System.
The Texas penal code says a person commits arson if a fire is started, regardless of whether it continues after ignition or causes an explosion, with intent to destroy or damage any vegetation, fence, or structure on open-space land; any building, habitation, or vehicle.
Cardiel said limited staff and resources can hinder an investigation, but his three investigators check reports, follow up or go back out on calls to ensure an arson case is not missed.
Another roadblock is preserving evidence while working to extinguish a fire, Cardiel said.
"The challenge in an arson investigation is during our job to put the fire out, we potentially damage or lose valuable evidence," Cardiel said. "We run a fine line of preserving the scene, but doing what they have to do to extinguish a fire."
Cardiel, who also serves as fire marshal, said the city averages two to three fire fatalities per year.
"For a city this size, we average low numbers in terms of fatalities," Cardiel said. "Of course, one is too many. No one should ever lose their life to a fire in their own home. But this year we've had two, and a bad spike for us is about four or five."
Cardiel said ideally he wants to have six investigators in the department, but that depends on a firefighter's willingness to go through training and become certified.
Among the seven requirements, a basic arson investigator must have a peace officer's license, complete an accredited fire investigator program and complete 12 hours of college fire and investigation courses, according to the Texas Commission on Fire Protection.
"Some people don't want to pursue it because it's a huge commitment," Cardiel said. "It takes years to go through training and develop that sixth sense that we as investigators have."
Brown said that a city of Corpus Christi's size should have more than two investigators and that other investigators are surprised to know there are so few for a city of more than 300,000.
In San Antonio the Fire Department's Arson Bureau has a staff of 18 that serves a population of more than 1.3 million.
There are three additional investigators available, but they work as trainers, Cardiel said.
"It's not ideal to call on them when they are needed there," Cardiel said. "We can get additional help from the state, but we can't always depend on that."
Cardiel said the cost of not having enough investigators affects the Fire Department's overtime budget because most of the fires occur on weekends and at night.
Brown said he doesn't remember a situation where the department was short-handed or unable to investigate calls.
In 2011 the Texas Forensic Science Commission wrote a guide with 17 recommendations aimed to improve how arson investigations are conducted in Texas.
Suggestions ranged from minimum report standards, enhanced certification and tools for analyzing ignition sources.
To help Brown and Pete Salazar detect arson, Cardiel said they use a local arson dog, the Police Department's forensic services to collect evidence, and a crime lab in Austin for evidence processing.
Cardiel said he offers ongoing education and training opportunities for his investigators to stay up to date on new regulations.
"The standard if I testify in a case is constantly being raised to convict someone," Brown said. "I have to prove my knowledge and skills and that I used the correct methodology to come to a conclusion of arson."
Brown said, based on the number reported to the Texas Fire Incident Reporting System, he doesn't think the city has more or fewer arson cases than a city with the same population. And he doesn't go to a scene assuming arson is the cause.
Any of us can walk in and say, 'I know this is arson,' but if we can't scientifically put all the elements together and prove it, then we don't have a case."
Assistant Fire Chief Andy Cardiel
"I try to eliminate all possible causes using a systematic approach before I arrive at arson," Brown said. "If the evidence leads me to believe the fire was intentionally set, for example, if there was an accelerant, then it's collected along with witness statements, and it's all put together. There are certain elements and criteria we must have before we can suspect it's arson, just like if it was another crime."
Brown said he works to determine if the cause is natural, accidental, undetermined or deliberate.
The evidence is then collected and presented to the Nueces County District Attorney's office to help prosecute and convict a suspect, Brown said.
Cardiel said investigations are based on the National Fire Protection Association standard 921, a guide for fire and explosion investigations.
"Any of us can walk in and say, 'I know this is arson,'" Cardiel said. "But if we can't scientifically put all the elements together and prove it, then we don't have a case."
Brown said his mission and goal is to determine the origin and cause of all fires.
"If we have one that is of suspicious nature, we do all that we can to pursue charges, build a case and prosecute, " Brown said.
Common signs of arson:
Multiple fires
Fire patterns from fuels
Evidence of accelerants
Suspicious or potential ignition sources that are inconsistent with the area of origin
Unusual fire growth or damage
Removal or replacement of personal items before fire
Sabotaged sprinkler systems or a blocked entry
Source: National Fire Protection Association
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