Jim Tirey, Member
posted 12-05-06

Facts: Two juveniles set fire to a box and some papers and then a pile of clothing in the middle of our Wal-Mart store during the early morning hours. The papers did not burn, apparently, and the clothing fire was discovered by some customers before it went very far. I have statements from both juveniles confessing their involvement in this offense.

My question is, the arson statute does not seem to cover setting fire to personal property, unless you look at Section 28.02(f). That would seem to make setting fire to personal property inside a building a third degree felony. However, 28.02(f) refers back to 28.02(a)(2), which would not seem to apply under my facts.

I think if I have to go with criminal mischief, I am stuck with at most a Class B. It really is going to tick me off if these two get away with a misdemeanor when they do something so dangerous and destructive. Any comments are appreciated.

Patrick Wilson
posted 12-05-06

Sounds to me like a good case for attempted arson - a 3rd degree felony.

Stacey Brownlee
posted 12-05-06

No arson IMHO....

This is a frequent juvi issue as the little darlings love to burn things (normally more like toilet paper in a trash can in the school bathroom)but without more, I think its a stretch to prove intent.

Checked their myspace accounts ? If they are computer savvy I'll bet they bragged about it online.

....
Jim Tirey
posted 12-06-06

Two Things

(1) I have never understood why you cannot infer an intent to destroy a building when one of these nice kids sets fire to something inside the building, but apparently the law does not allow that inference; and

(2) I just checked MySpace. One of these kids apparently does not hav