WILKES-BARRE - Virgil Argenta's five-year crusade to solve the arson fire that destroyed his landmark building has ended with charges against two former tenants, one of whom is now a Luzerne County prison guard.
Correctional Officer Jason Fierman, 29, of Midland Drive in Dallas, and his former business partner, David Jaslar, 29, of Harris Hill in Trucksville, were charged Friday with arson, causing or risking a catastrophe and related offenses for the June 8, 1999, blaze that destroyed Argenta's building at 458-460 N. Main St.
Police said the motive for the fire was money.
Fierman and Jaslar had planned to open Double J's Grill and Deli but ran into financial problems because of unexpected structural deficiencies that had to be corrected before the business could open, according to an arrest affidavit.
The spectacular blaze burned for hours before firefighters got it under control. Heat was so intense that it melted the siding on houses across the street.
State police and city fire investigators immediately suspected the fire was arson. They later determined the blaze was started by an accelerant, most likely charcoal starter fluid, that was placed inside a plastic jug and left on top of a counter.
Police said Jaslar admitted he purchased charcoal starter fluid found in containers. He said he used the substance to clean tile flooring.
Argenta has long suspected Fierman and Jaslar set the blaze. Over the years he has repeatedly pressed county District Attorney Dave Lupas to approve charges, but said he was told there was not sufficient evidence.
On Monday, Lupas would not provide specifics regarding why the case took so long to solve, saying only there were "investigatory reasons" that he could not discuss.
"Arsons by their very nature take a long time to investigate," he said.
Lupas said he believes city police Detective Robert Zavada, the lead investigator, opted to file charges now because the five-year statute of limitations on arson was set to expire.
Arrest warrants for Fierman and Jaslar were issued Friday by District Justice Martin Kane. Lupas said Zavada was in the process of trying to serve the warrants Monday.
Fierman was hired as a resident aide in the work-release building at the Luzerne County Correctional Facility in November 2001. He became full-time correctional officer in the main facility about a year ago, Deputy Warden Joe Morris said.
Morris was unaware of the charges against Fierman until contacted by a reporter Monday. He said he expects Fierman will be suspended pending resolution of the case.
Fierman and Jaslar had been suspects in the case for years. The men had a $15,000 insurance policy on the proposed business and twice inquired about increasing the insurance, including the day before the fire. Their lease with Argenta also contained a clause that would terminate the lease if the building was destroyed by fire.
Police ultimately tied the men to the arson through several people who were in the building with the men in the hours before the fire. The witnesses noted Fierman and Jaslar were the last ones to leave the structure.
According to the affidavit:
Fierman and Jaslar signed a three-year, $1,500-a-month lease with Argenta but ran into financial trouble just as their business was about to open.
On the day of the fire, the city's building inspector, Bob Mosley, advised the men the interior had multiple code violations, the most significant being a lack of a fireproof ceiling in the dining room needed to prevent a fire from spreading.
"Mosley stated he told the defendants on June 8 that if this building ever had a fire, it would cause extreme damage due to this violation," the affidavit says.
Fierman and Jaslar were upset with Mosley and visited City Hall at around 1 p.m. to file a complaint against him. The men told a city worker they had "depleted their life savings," and felt their attempt to open the restaurant was being thwarted by "bad advice from city officials."
After leaving City Hall the men returned to the deli. Jeff Hanawalt, a laborer working on the building, told police he overheard a conversation in which one of the men said "We have to get out of this lease."
Perhaps the most significant information was provided by John Mullen, an equipment installer for U.S. Food Service, who told police he arrived at the deli at 3:12 p.m. to install a coffee machine.
Mullen said he spoke with Fierman and Jaslar for about 10 minutes and was advised they were canceling the installation. He then left the building and drove to a nearby convenience store to phone his company and advise them of the cancellation.
Mullen stated he arrived at the store within about a minute and noticed a "puff of smoke" rising from the area of the deli. He then walked toward the building and saw flames shooting through the roof. He said he looked for Fierman and Jaslar, but they were not around.
Police later conducted "timing tests" of Mullen's drive to the store and the first notification of the fire. The tests showed Fierman and Jaslar had roughly two minutes inside the deli alone after Mullen left.
