Despite the efforts of a Des Moines defense attorney, there is adequate evidence to proceed to trial in the case of arson at the Jefferson Pizza Ranch last January.
District court judge the Honorable Gary McMinimee overturned a motion to suppress evidence by attorney Robert Owens, defending Pizza Ranch owner Rob Schultz. McMinimee issued his ruling Oct. 4, after hearing the motion Aug. 15.
In his motion, Owens claimed that evidence obtained at the fire scene by chief deputy Jack Williams was obtained without a search warrant and should be inadmissible in court.
Williams had first entered the building in his role as captain of the Jefferson fire department to direct the efforts of firefighters. According to information presented, Williams on his initial walk-through at the scene found two separate fires, one in the kitchen and one in the office. He determined the fire was suspicious because “there was no way for the two fires to communicate with each other,” McMinimee’s ruling states.
He went outside and asked fire chief Randy Love to request a state fire marshal and then went back into the building. He instructed the firefighters to use as little water and to do as little damage as possible to the building to avoid destroying evidence.
Williams first arrived at the scene at 12:16 am on Jan. 27, according to the document. The fire was extinguished at 4:36 am, and Williams stayed at the scene until the fire marshal arrived. While waiting, Williams took photos of the interior and exterior of the building and put fire scene tape around the building.
After the fire marshal’s arrival, the two did a walk-through and took additional photos, but they took no physical evidence. The fire marshal obtained consent to search the building from Schultz, and it was only then that items of evidence were taken from the building.
Judge McMinimee ruled that Willliams’ entry into the building to fight a fire required no warrant, and that once in the building, officials may remain there for a reasonable time to investigate the cause of the fire. McMinimee found that evidence was obtained during a “contemporaneous inspection” and based on a 1978 U.S. Supreme Court ruling, the evidence can be used in court.
Robert Schultz, 53, of Ankeny is charged with arson- first degree, insurance fraud, and criminal mischief- first degree in connection with the fire. He pleaded not guilty to the charges. A trial date was initially set for Aug. 23 and then continued to Nov. 1.
The court has issued subpoenas for cellular phone records that would help determine the role of another suspect, Schultz’s brother Andrew. Other court records allege that Andrew Schultz set the fires with the knowledge of Robert Schultz.
