What is going on with a Fire Department that refuses to do an actual arson investigation of the most serious fire San Luis Obispo has had in 20 years? We feel they are covering up what actually happened!

San Luis Obispo City Fire Department returned the property to the owners on 12/28/15 – which meant only one full day of investigation. They only looked through windows from outside as the City did not allow anyone access until about 1/11/16. From the beginning, we told everyone who would listen that the fire was started with an unknown incendiary device put in our front window. Video evidence clearly shows arson because the fire went from zero to full-blown in 90 seconds and there is nothing in the window boxes to supply fuel for such a large ferocious fire!

The color of the fire in the videos (white and near-white) indicate that what is burning is not wood (maximum temperature 1600º F) but a fuel (maximum temperature near 2900º F) – This alone should require a full arson investigation.

In spite of multiple witness statements taken on 12/27/15 which totally support the claim of arson, no arson investigation was contemplated. There was no effort to secure/preserve the fire scene for future investigation. None of the witness statements supporting arson were included in the final report!

Instead, the "spin" is that the fire was deep-seated in the store (which was open for business and had nine people inside) as opposed to admitting it was arson and only in the window box at the start.

The investigation seems to be over on 12/28/15 except for releasing the official fire report and talking to the insurance personnel. SLO City FD leadership would not release the final report until 12/6/16, over 11 months later. They claimed they were still investigating even when the final report shows they were done before 1/11/16. Fire Department Investigator Jason Bares said:

"Due to limitations encountered during the investigation process to establish a safe fire investigation scene, a comprehensive investigation of the entire fire scene could not be completed. Therefore, the cause of the fire remains undetermined"

The property owners were stalled 11 months in receiving the final report because SLO City FD leadership claimed they were doing an investigation with the same authority as a Police Department. This can only be true if you are investigating arson. When SLO City FD returned the property to us on 12/28/15, they were declaring to the fire-knowledgeable world that they would not consider arson. They declared no chance of arson by refusing to secure the crime scene and releasing the property before they, the Police, or the insurance investigators could look at a properly secured fire/crime scene and evaluate the evidence.

When the insurance investigators come to a fire scene that has been completely turned back over to the property owner before their arrival, they know the Fire Department has determined NO chance of arson because there is no effort to preserve the scene. So, their conclusion will have to agree with no arson or they will be involved in a direct challenge to the Fire Department. Investigators are unlikely to submit a report where results would go against the Fire Department’s findings – to do so would open a legal can of worms.

We need a criminal arson investigation of our fire and the crimes committed before and during it!

Clearing the building of people is one of the most basic and important duties of firefighters and firefighter leadership when arriving at a fire scene.

In reviewing all significant fire calls since 2008, The Sub fire stands out as the only fire with no mention by any firefighter in any after-action narrative of checking for occupants immediately upon their arrival or at any time thereafter!

NO firefighter checked to see if The Sub was empty of people!

NO firefighter narrative mentions or claims credit for clearing The Sub building!

All staff at The Sub and Square Deal Recordings & Supplies (SDRS) have testified that no firefighter asked any of them about people still in The Sub or Square Deal at any time during the fire.

Did San Luis Obispo City Fire Department leadership fail to see if anyone was in The Sub or did they communicate with the off-duty firefighter (suspected arsonist) who disappeared after effectively clearing both of the buildings at the very start of the fire?

When the off-duty firefighter (who we believe was the arsonist) came into Square Deal, he was talking on a cell phone. We believe he was NOT talking to 911 because, at the time he was on the phone, it was before the first call on the 911 time logs we obtained. Who was he talking with?

No official firefighter checked at the beginning of the fire to see if Square Deal was cleared of people.

NO firefighter narrative mentions or claims credit for clearing The Sub building!

How did SLO City FD leadership know there were no people in the building unless someone spoke with the fellow (who identified himself as an "off-duty firefighter") and who we believe started the fire?

No firefighter narrative mentions or claims credit for clearing SDRS.

At approximately 2:30pm, Jose Nunez' relatives called SLO City FD to see if Jose was okay. Because SLO City FD did not clear the building or talk to staff standing out front of the fire, they did not know of his location and for about an hour were extremely concerned. (Jose was standing out front the whole time.) This speaks volumes to the fact that the building was never cleared of people.

Why did SLO City FD leadership fail to clear the building?

Why didn't firefighters ask staff (who were in front of The Sub) any of the following questions?

• Are all employees, customers, and tenants accounted for?
• How did you become aware of the fire?
• Do you know how the fire started?
• Besides the fire in the display windows, are you aware of any other fire in or around the structure?
• Was there any fire, smoke, or other indication of fire before you vacated the building?

Basic information needed to make informed decisions — SLO City FD did not ask any of these questions and the firefighters who talked to Jose's sister and brother would have already known Jose was all right but they never asked!

These questions were not ever asked during the fire and most were not asked after the fire.