San Marcos, Texas
Investigators in San Marcos say they have determined the origin of the deadly fire at an apartment complex on July 20. However officials say the cause is not being revealed at this time.
ATF says it will conduct lab testing and analysis of what was recovered from the Iconic Village and Vintage Pad apartments in the coming weeks and after that a final classification of the fire will be released.
Five people were killed in the fire that started just before 4:30 a.m. on July 20.
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Nearly two weeks after a deadly inferno swept through a San Marcos apartment complex near Texas State University, investigators said they’ve determined where the fire started but that further laboratory analysis is needed to determine what caused the blaze.
Five young adults were found dead in the rubble in the days following the July 20 fire that gutted the Iconic Village Apartments. All of the victims had been living or staying on the second floor of the same apartment building two blocks from the Texas State campus.
Four of them were identified as Dru Estes, 20, of San Antonio; Haley Michele Frizzell, 19, of San Angelo; David Ortiz, 21, of Pasadena; and James Miranda, 23, of Mount Pleasant.
A fifth victim still is unidentified. Authorities are conducting DNA analysis to determine whether the remains are those of Belinda Moats, 21, of Big Wells, who lived in the complex and has been missing since the fire.
A sixth person — Zachary Sutterfield, 20, of San Angelo — suffered severe injuries, including third-degree burns over 70 percent of his body. He is recovering at the U.S. Army Institute of Surgical Research Burn Center in San Antonio.
San Marcos city officials issued a statement Tuesday saying authorities “have completed the on-scene portion of the investigation.”
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives’ National Response Team, the lead agency in the investigation, has “determined the origin of the fire,” the statement said. But it provided no details.
“In the coming weeks, after laboratory testing and analysis is complete, the final classification of the fire will be announced,” the statement said. “At this time, no further information concerning the ongoing investigation or the details surrounding the investigation will be released.”
Miranda’s father Monday filed the first in what could be a series of lawsuits against the owner and manager of the apartment complex, accusing them of gross negligence for alleged safety lapses, including an absence of fire sprinklers.
Iconic Village was home to a mix of students, artists and musicians drawn by the relaxed ambience, a community garden and amenities that included a pool with a swim-up bar.
The fire erupted shortly before 4:30 a.m. July 20. In the pre-dawn darkness, residents awoke to screams, thick smoke and the sound of glass shattering. Some suffered broken bones and other injuries after leaping from second-story windows.
The fire prompted a massive investigation involving 50 ATF agents who traveled to San Marcos from all over the country; six investigators from the state fire marshal’s office; and officials from the San Marcos Fire and Police departments. Investigators have conducted more than 100 interviews so far. ATF dogs trained to detect accelerants combed through the rubble.
Investigators told one survivor they suspected arson.
After days of searching the structure most severely damaged — Building 500, where all five bodies were found — authorities released the site Tuesday, turning all of the Iconic Village buildings back to the property’s owner.
Investigators determined that battery-powered smoke alarms had been installed in apartments in compliance with state law, according to the statement released by the city.
The property management company for Iconic Village provided reports to investigators showing smoke detectors had been inspected in May and June in the three buildings damaged by fire.
Authorities are looking at whether a large tree that stood in the middle of a courtyard in Building 500 played a role in the spread of the fire, San Marcos Fire Marshal Kelly Kistner said recently.
The tree “is being considered during the investigation specifically with regards to the spread of the fire,” Kistner said.
The tree, which was blackened and destroyed, stood taller than the two-story apartment building and had a canopy that stretched across the center courtyard, he said.
The lawsuit filed by Miranda’s father, Phillip Miranda of Cove, Ark., names San Marcos Green Investors LLC, the owner of the apartments; property management company Elevate Multifamily LLC; and Deborah Jones, a Travis County woman who helps manage the complex.
The suit contends they failed to enforce adequate safety procedures, didn’t maintain a safe living environment, didn’t provide a sprinkler system or “adequate safety equipment,” and didn’t warn James Miranda of “hidden dangers” at the property.
Phillip Miranda is seeking more than $1 million in damages. James Miranda’s mother, who lives in Northeast Texas, has not joined in the suit.
Bill Bennett, a Chicago-based real estate entrepreneur who is listed in state records as manager of the company that has owned the apartments since 2010, did not return a call seeking comment Tuesday. Iconic Village and the nearby Vintage Pads apartment complex are owned by limited liability companies connected with Bennett.
Bennett also is founder and principal of Elevate Multifamily, which manages both apartment complexes. Elevate officials said in an email Tuesday that they don’t comment on ongoing litigation.
Jones did not respond to a request for comment.
Iconic Village was built in 1970, when sprinklers weren’t required in San Marcos. The city fire code doesn’t oblige owners to install sprinklers in older buildings unless major renovations are carried out.
Elevate officials have said each apartment was equipped with smoke detectors and that fire extinguishers were installed in the outdoor breezeways. They also said maintenance workers inspected those smoke detectors regularly.
Even so, some residents claimed that their smoke detectors did not sound during the fire.
San Marcos fire inspectors found violations during previous inspections of Iconic Village, Vintage Pads and the nearby Vintage Suites, city records made available Tuesday showed. Elevate Multifamily began managing Iconic Village and Vintage Pads in June 2017, after those inspections were done.
In May 2014, a fire inspector flagged the properties for having an inadequate number of smoke detectors, noting that such equipment was required “on every floor, every bedroom and every access way to a bedroom.” That problem apparently had been corrected by the time a follow-up inspection was conducted four months later.
A previous inspection, in 2009, turned up issues like an improperly installed smoke detector in the apartments’ office; improper electric wiring in the workout room; fire lanes that needed painting, and a missing fire extinguisher. Most of those problems were corrected within a month, the report shows.