SAN MARCOS, Texas – The suspect in the 2018 San Marcos apartment fire that left five people dead was a Texas State University student at the time.
Jacobe De Leon O Shea Ferguson, now 30, is charged with arson causing bodily injury or death — a first-degree felony. He’s being held at the Hays County Jail.
Representatives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, San Marcos Fire Department and Fire Marshal’s Office held a press conference Thursday morning to give new details about the break in the case.
Ferguson was arrested “without incident” on Wednesday in the 700 block of East Slaughter Lane in Austin.
Officials said the arrest — five years after the tragedy — came after the Texas Rangers got involved and provided the task force with a “fresh set of eyes” as all investigators re-examined the evidence and conducted interviews again.
Interim Fire Marshal Jonathan Henderson said Ferguson was among those interviewed at the time but was not considered a suspect any more than anyone else. Ferguson was living at the Iconic Village apartment complex but was not a resident of Building 5 where the fire started on July 20, 2018.
As far as what led them to Ferguson now, Henderson said the importance of the origin-and-cause report “could not be overstated” but said he wouldn’t share details.
According to an arrest warrant affidavit, the fire started with a mattress in a breezeway on the first floor.
A resident told police that she left the mattress with a box spring and bedding in a breezeway by a resident for Ferguson to have. The tenant said she left a note on the mattress that said, “Cobe.” The woman told investigators that Ferguson texted her that he took the box spring and pillows, but left the mattress in the breezeway outside her apartment. In the weeks after the fire, Ferguson first lied to investigators about his knowledge of the mattress, but later admitted that he did know about it but was too busy to go pick the mattress up. He said he lied to the woman about taking the box spring so she wouldn’t bother him about it anymore.
In follow-up interviews this year, some of the building tenants provided more information that implicated Ferguson.
A witness told investigators that Ferguson was frustrated after being rejected for a date by one of the building residents and said Ferguson had a “contempt for women.” The witness also said Ferguson was working three jobs and was intoxicated the night of the fire. He indicated that Ferguson confessed to him that he lit the mattress on fire and that it took over “super-fast” and “super-hot.”
In Thursday’s press conference, Henderson said no other arrests are anticipated to be made in the case.
“There is no easy button for investigations,” Henderson said, noting that the arrest took longer than anyone had hoped.
He admitted the team was discouraged but never gave up.
“We have been working diligently to bring this investigation to a close and to hold the person responsible accountable,” ATF Asst. Special Agent in Charge Robert Topper said.
Five people died in the fire — Dru Estes, 20, of San Antonio; Belinda Moats, 21, of Big Wells; Haley Michele Frizzell, 19, of San Angelo; David Angel Ortiz, 21, of Pasadena; and James Phillip Miranda, 23, of Mount Pleasant. Four of the victims were students or former students at Texas State University.
Haley’s father, Brian Frizzell, spoke at Thursday’s press conference.
“5 a.m. phone calls are terrible. No parent ever wants to receive one,” Frizzell said. His son called him that morning to say his apartment, where Haley had been staying, was on fire.
Frizzell said the drive to San Marcos was “absolute hell” and searching hospitals for his daughter that day was “horrendous.”
He thanked the investigators for their diligence, saying he worried it might have been a cold case forever.
In addition to the five deaths, at least seven others were injured in the fire and about 200 people were displaced.
Henderson said additional charges could be filed by the Hays County District Attorney’s Office.
Watch the full press conference below: