Judge rules El Paso Scottish Rite arson suspect is "absolutely a danger to society"

An alleged arsonist was denied bond by a federal judge who ruled he was "absolutely a danger to society" after he was accused of starting a fire at the 100-year-old El Paso Scottish Rite Temple in Downtown El Paso.

Noah Ochoa, 30, who is facing a federal arson charge, will remain jailed at the El Paso County Jail after he was denied bond Tuesday, Aug. 29, by U.S. Magistrate Judge Anne T. Berton. The detention hearing took place at the Albert Armendariz Sr. Federal Courthouse in Downtown El Paso.

"I respect and accept the judge's ruling, but my main concern remains on my client's mental health issues," attorney Sergio Saldivar, who is representing Ochoa, said after the hearing. "This case sheds a light on the mental health crisis we are facing in the criminal justice system. We need to focus on making sure defendants like my client who are accused of a crime are evaluated properly and given the mental health care they need."

Saldivar declined to comment further on Ochoa's mental health issues. While Ochoa's mental health was discussed during the hearing, no details were given of what mental health issues Ochoa faces.

Federal prosecutor Adam Hines declined to comment and directed all questions to the U.S. Attorney's Office for the Western District of Texas. Officials from the office declined to comment.

Ochoa allegedly broke into the El Paso Scottish Rite Temple about 12:25 a.m. on July 24, and started a fire in the building. He was arrested Aug. 22 on suspicion of arson charge by U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives agents.

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Video surveillance footage taken from the temple allegedly shows Ochoa grabbing cans of gas from his car, breaking into the temple, pouring the gas inside it and then lighting it on fire. Ochoa suffered second degree burns after mistakenly lighting his shoes and pants on fire, a federal complaint affidavit states.

ATF agent LeChondra Chambers testified during the detention hearing that El Paso Scottish Rite Temple officials have yet to report the monetary value of the damages. Images posted on Facebook by El Paso Scottish Rite Temple officials show extensive damages to the inside of the building.

El Paso Scottish Rite Temple officials declined to comment on the case.

"We have been asked by the law enforcement agencies involved to refrain from making any comments or statements until the agencies have completed their investigations," El Paso Scottish Rite General Secretary Larry V. Kane said in an email.

Arguments over whether the case should even be tried in federal court and Ochoa's mental health issues were the main focus of Tuesday's hearing.

Federal prosecutors argued that since the El Paso Scottish Rite Temple rents the building to two different organizations that pay with banks from other states, Ochoa actions impacted interstate commerce. This would make it a federal crime.

Saldivar argued arson is a state crime, so the case should be handled in state court. He added federal prosecutors' arguments as to why it should be tried in federal court failed to meet the standard of proof of probable cause.

He added, the organizations who rent the building were not using the building at the time of the fire nor was any of their property damaged.

After hearing arguments, Judge Berton recessed the court and went to deliberate the issue.

She returned to the courtroom more than 30 minutes later with her decision. She ruled there was probable cause Ochoa alleged actions did impact interstate commerce.

In his closing arguments, Hines said Ochoa's criminal history showed he was a threat to the community.

Ochoa was out on bond in a state case when he allegedly started the fire at the temple.

He is facing two counts of aggravated assault against a public servant. Ochoa was arrested Oct. 25, 2021, in connection with that case. The case remains pending in state court.

"There are no conditions to ensure the safety of the community," Hines said.

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He added, "luckily no one was hurt" in the fire.

Ochoa's mental health issues are better treated with the help of his family, not in jail, Saldivar argued.

"He is charged in state court, but he has not been convicted of any crimes," Saldivar said in his closing arguments. "My client has mental issues which need to be evaluated. Who better to help address and watch him for his mental health issues than his family. His family wants to help him and will do all they can to get him help."

Judge Berton ruled Ochoa was "absolutely a danger to society" because of his "history of violence" and breaking the terms of his state bond by using drugs.

Aaron Martinez may be reached at amartinez1@elpasotimes.com or on Twitter @AMartinezEPT.

This article originally appeared on El Paso Times: Judge denies bond for alleged El Paso Scottish Rite arsonist