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Hypothetically speaking, a build-up of gas fumes could be ignited by a pilot light from a gas furnace or water heater and cause a fire in a house.
But, realistically speaking, according to Chief Deputy Prosecutor Byron Tinkey, that's not what happened in a Feb. 4, 1997, house fire on Wilcox Road.
Terry Himes, a firefighter with Warsaw Fire Department and member of Squad 70, Kosciusko County's fire investigation team, testified Monday in Kosciusko Superior Court I that there was no gas leak in the John Baker home that day, to his knowledge, and, if such a leak did exist, the fumes would have dispersed throughout the home through louvered doors rather than building up in a utility room.
Despite in-depth questioning as to Himes' training and certifications in fire investigation, Judge Duane Huffer twice denied Tinkey's motions to qualify Himes as an expert witness. Huffer's decisions were made after defense attorney Jay Rigdon objected, saying Tinkey presented no reason for the court to believe Himes was trained in "cause and origin" and other aspects of fire investigation.
Himes, who also is a neighbor to the Baker residence that is believed to have been intentionally set afire, testified he was the first person on the scene and knew the fire was coming from the utility room. Himes said he knew from the fact that the heaviest smoke was in the back of the home that the greatest amount of fire was there, and he knew that room was the utility room because his brother used to live in the house.
Baker is on trial for arson, accused of setting fire to his home to benefit from insurance policies on the structure.
Himes said the burn pattern on the floor of the utility room indicated a downward pattern, which caused investigators to believe that the fire was intentional vs. accidental. Typically, fire burns up and out, Himes said, adding that something would have had to have been on the floor, such as an accelerant, for the fire to burn downward.
Also indicative of an accelerant-based fire, Himes said, was that the fire in the utility room burned low to the ground and very hot, while damage to the rest of the home followed the pattern of a "normal" fire.
During cross-examination, Rigdon presented many hypothetical situations regarding gas leaks and questioned whether the use or presence of an accelerant to fuel a fire meant it was placed there on purpose. Rigdon pointed out that fire investigators found a can of paint upright on the floor in front of the washing machine and that cleaning fluids and chemicals were in cans and/or bottles on shelves near the furnace.
Himes agreed with Tinkey's assertion that the "hypotheticals" presented by Rigdon had no correlation with the actual fire scene.
Also testifying Monday were a neighbor who called 911 when he first saw smoke coming from the Baker home and a former girlfriend of Baker's who testified that Baker's home was always "neat and tidy," with some clothing - but not a large amount - usually in the utility room (Himes told the jury that there was 1 to 1-1/2 feet of debris, including clothing, on the floor of the utility room while firefighters worked to extinguish the fire, and an official report concerning the fire investigation noted that clothes packed around the water heater were the cause of the fire).
Tinkey presented nine photographs of the fire scene depicting various angles of the utility room and some damage to other areas of the house.
Testimony resumed this morning, with the prosecution continuing to present its case. The trial is scheduled for four days.
