SAN MARCOS — In the early hours of July 20, 2018, the San Marcos Fire Department (SMFD) responded to calls of an ongoing fire at Iconic Village Apartments. Taking the lives of five young adults, injuring others and displacing over 200 more, the disastrous fire was deemed intentional, but law enforcement had no suspect. Five years later, SMFD and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced the arrest of 30-year-old Jacobe De Leon O Shea Ferguson for arson causing bodily injury/death — a first-degree felony — at a press conference held on Thursday, July 6, 2023.
According to San Marcos Fire Marshal Jonathan Henderson, the initial on-scene investigations lasted from July 20 to July 30, 2018. Burn tests and laboratory experiments conducted by ATF ruled out all accidental causes, explained ATF Houston Field Division Assistant Special Agent in Charge Robert Topper. All deaths were deemed homicide in December 2018.
SMFD and ATF created more than 265 reports of investigations (ROI) through tips and new information gleaned from scientific research of evidence, but in late 2022, the team realized that it needed new eyes on the case.
“We’ve never given up on this case. We have been discouraged, we have suffered setbacks, but never given up. In late 2022, it became clear that we needed a new perspective and a fresh set of eyes on the case,” explained Henderson. “Under the direction of Chief [Les] Stephens and Chief [Stan] Standridge and with the support of San Marcos city leadership, the Iconic Village Investigation task force was formed.”
The task force was created in October 2022 and consisted of Keith Pauska of the Texas Rangers, Kelly Minor of San Marcos Police Department (SMPD), Robert Dallimore of SMFD, Rey Alatorre of ATF and Henderson. The team met weekly and worked together daily to read through the hundreds of ROIs, watch hours of bodycam footage and reexamine data.
“Multiple witnesses were reinterviewed using valuable information further corroborated by the ATF Fire Investigator Origin and Cause Determination Report. These new interviews are what led to the task force obtaining an arrest warrant for Jacobe Ferguson for arson causing serious bodily injury or death, a felony of the first degree,” Henderson said. “This arrest warrant was served by the U.S. Marshal’s Lone Star Fugitive Task Force yesterday morning [July 5, 2023] at approximately 6:45 a.m. in the 700 block of East Slaughter Lane, Austin, Texas.”
Ferguson was booked at the Hays County Jail and is being held on a $250,000 bond. Officials confirmed that this is the only arrest that will be made in the case. Ferguson was a student at Texas State University and resident of the Iconic Village Apartments, though he did not reside in building 500 where the fire began.
The fire took the lives of Dru Estes, 20, Haley Michele Frizzell, 19, James Miranda, 23, Belinda Moats, 22, and David Ortiz, 21. Estes would have celebrated his 25th birthday on July 5.
Additionally, Zachary Sutterfield suffered a serious brain injury and third degree burns over 68% of his body. This past December, he graduated with his bachelor’s degree from Angelo State University.
Will Wells, friend of David Ortiz, attended the conference and spoke of the untimely event.
Wells, who said he moved to the house across the street from the apartments the day before the fire, explained that he “woke up to chaos.”
“[Ortiz] was in Europe for the month leading up to [the fire]. I knew he was coming back around that time,” said Wells. “I was calling him and he wasn’t answering, so I called his roommate just to make sure he was still in Europe. He said that [Ortiz] had, in fact, come back the night before.”
When asked about Ferguson and his connection to the incident, Wells had no knowledge of the suspect.
“I had never heard of Ferguson. I hadn’t even heard the name, never seen the face,” he said.
Brian Frizzell, father of Haley, was present at the press conference and spoke of his experience the day of the fire.
“Five a.m. phone calls are terrible and no parent ever wants to receive one, but on July 20, 2018, my son called me and my wife to tell us that his apartment building where our daughter was staying …. was on fire. The next couple of hours traveling from San Angelo, Texas to San Marcos was absolute hell for my wife and I,” said Frizzell through tears. “It was a terrible experience for five other families and countless others whose children were injured. Driving around Hays County, Travis County, Comal County, going to every emergency room, going to every hospital begging for Jane Doe to be your daughter is an absolutely horrendous experience … I would never wish that on any parent or anybody for any reason in the world.”
Despite his indisputable pain, Frizzell went on to thank the investigators who were relentless in their efforts to find the cause and eventual suspect of the fire.
“We’re happy this day [of an arrest being made] has finally come, but most importantly, we want to thank all the people who made it happen because I know six or seven months ago, this sure seemed like it was ready to go and be a cold case forever,” the father said. “When we heard that the great people [of the fire department] were willing to use your time and resources to keep this alive and look one more time, we were hopeful … We are eternally grateful.”
None of the tips that were generated led to the arrest of Ferguson; therefore, none of the $110,000 reward will be paid out. Currently, there has not been a motive determined and there are no other pending charges against the suspect.
This is an ongoing story. The Hays Free Press/ News-Dispatch will continue to update the public as more information becomes available.
