SAN MARCOS, Texas — The man who was arrested in connection to the 2018 San Marcos apartment fire that killed five people will be released from jail, according to Hays County District Attorney Kelly Higgins.
Jacobe Ferguson, 30, was identified as the suspect in the deadly fire and charged with arson resulting in bodily injury or death. Higgins said Ferguson will be released on a personal bond as they seek "further investigation" before proceeding.
Since Ferguson remained in jail and had not posted bond, prosecutors had until Oct. 4, 2023, to present the case to a grand jury. With Ferguson's release, there is no longer a deadline to present the case.
Records show Ferguson lived at the Iconic Village Apartments from December 2017 to at least June 2018. Ferguson attended Texas State University and graduated in 2019 with a Bachelor's degree, according to the university. Documents charging Ferguson revealed that the fire started on a mattress in the breezeway, which was a key piece in connecting Ferguson to the case.
Following the fire, investigators interviewed a resident who told them "there was a mattress located in a breezeway on the first floor." The person also stated that Ferguson talked to him about the mattress and the "flammability" of it.
When investigators interviewed Ferguson, he denied any knowledge of the mattress. They then pressed him about the "mattress with his name on it." Ferguson told investigators that he did not have anything to do with it.
But when investigators interviewed another witness, she told them she left the mattress for Ferguson when she moved out and put his name on it. Ferguson then admitted to investigators on July 25, 2018, that he "lied about knowing about the mattress."
The fire on July 20, 2018, killed five people: Dru Estes, 20, of San Antonio; Belinda Moats, 21, of Big Wells; Haley Michele Frizzell, 19, of San Angelo; David Angel Ortiz, 21, of Pasadena; and James Phillip Miranda, 23, of Mount Pleasant.
Multiple other people were injured in the fire, including Zachary Sutterfield, who sustained third-degree burns to nearly 70% of his body and a brain injury. He shared his story with KVUE in 2019.
