'Never given up on this case': Arrest made in connection to San Marcos' deadliest fire

SAN MARCOS — Officials said a "fresh set of eyes" led to the Wednesday arrest of a 30-year-old man in connection with the 2018 San Marcos fire apartment complex fire that led to the deaths of five people.

"We've never given up on this case," said Jonathan Henderson, fire marshal for the San Marcos Fire Department. "We have been discouraged, we've suffered setbacks, but never given up."

Investigators officially announced Thursday the arrest of Jacobe Ferguson in connection to the deadly fire at the Iconic Village and Vintage Pads apartments, a housing complex largely used by Texas State University students. Ferguson faces a charge of arson causing serious bodily injury or death, a first-degree felony for which he could face life in prison if convicted.

Records from Hays County Jail show that bail for Ferguson, who was living in Austin, has been set at $250,000.

Henderson said the collaboration between the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and other law enforcement agencies continued throughout the investigation. A task force was launched in 2022 and met almost weekly to reexamine the circumstances of the fire, an effort that Henderson said gave the case an "influx of fresh enthusiasm."

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Jacobe Ferguson was living at Iconic Village apartments

Henderson said investigators received nearly 265 tips related to the case, and they followed up on each one. Ferguson was living at the Iconic Village and a Texas State student at the time of the fire. He was interviewed by investigators in 2018, but they had no reason to suspect him then, Henderson said.

Members of the task force re-interviewed people who had been interviewed early in the investigation and made a determination to send out a warrant for Ferguson's arrest.

Henderson did not reveal what details were different during the second interview that led investigators to arrest Ferguson.

"Fire investigations, because of their nature, are difficult and complex to solve," Henderson said. "We had our work cut out for us in the beginning. In addition to that, again, it just takes time and a lot of effort. And we had the right people on scene in the beginning and continuing throughout the past five years. We just needed a new fresh set of eyes."

Ferguson has no previous charges. Henderson said Ferguson was fairly startled when members of the U.S. Marshal Lone Star Fugitive Task Force arrested him in the 700 block of East Slaughter Lane at about 6:45 a.m. Wednesday.

Henderson said investigators do not know at this time a motive for starting the fire.

San Marcos apartment fire was deadliest in city history

Investigations into the fire began immediately on July 20, 2018, with on-site investigations ending 10 days after the fire, Henderson said. Data collected was then sent to an ATF fire resource laboratory in Maryland, where four months later it was determined the fire was set intentionally.

Investigators bumped up a reward of $10,000 to $110,000 a year after the fire for any information that would lead to an arrest.

Henderson said no tip led to Wednesday's arrest, therefore the reward will not be given.

The fire was the deadliest in the history of San Marcos.

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Those killed were 19-year-old Haley Michele Frizzell, 21-year-old David Ortiz, 20-year-old Dru Estes, 23-year-old James Miranda and 21-year-old Belinda Moats, most of whom were Texas State University students.

Ferguson's arrest came on the day that would have been Estes' 25th birthday.

Dozens of others were injured by the fire, and 200 people were displaced from three apartment buildings. Residents were forced to jump out of first- and second-floor windows, and many told the American-Statesman faulty fire alarms did not go off.

Family members sued either the corporate owners or some managers of the apartment complex for wrongful death and gross negligence. The apartment complex settled the lawsuit with the family members in November 2021. The details of the settlement were not released to the public.

For Brian Frizzell, whose daughter died in the fire, hearing the news of the arrest was a "blessing."

"Six or seven months ago, this sure seemed like it was ready to go and be a cold case forever," Frizzell said. "So to get a phone call the other day and know that we got to a point where we had an arrest warrant issued and then an arrest made on Dru's birthday — what a blessing."

This article originally appeared on Austin American-Statesman: San Marcos fire: Investigators on arrest of suspect Jacobe Ferguson