A 60-year-old Chehalis man was charged with first-degree arson Friday in Lewis County Superior Court after allegedly setting a fire to a Chehalis residence following a notice to vacate the property or be evicted.
Jose Trinidad Diaz-Silva appeared in court Friday for a preliminary hearing. His bail was set at $500,000 by Judge Paul Strophy. First-degree arson is a Class A felony with a maximum punishment of up to life in prison and a $50,000 fine.
On Friday, Chehalis police were dispatched to a fire call on Southeast First Street in Chehalis. The dispatcher was advised by the reporting person that the tenant living at the property, identified as Diaz-Silva, had just been given a notice of eviction and believed the tenant may have started the fire.
Chehalis Officer Francisco Lima-Hernandez responded and found the Chehalis Fire Department to already be on scene and working on extinguishing the fire, which was coming from one of the bedrooms.
The officer met with the reporting party, who said the house belonged to his grandfather. The reporting party said he was at the residence prior to the fire and had spoken to Diaz-Silva, advising him that he needed to vacate the residence or be evicted, according to an affidavit of probable cause filed by the prosecutor. The reporter said he left the residence for a short time, and when he returned, he saw Diaz-Silva walking away. He went into the residence and saw smoke coming from the bedroom. The reporting party was able to extinguish some of the fire with an extinguisher.
Another officer noted that the fire appeared to be contained in a small bedroom at the front of the house. The carpet of the bedroom appeared to be burned and melted in the center of the floor, according to court documents.
After the fire crew extinguished the fire, Lima-Hernandez entered the residence and observed that the fire caused visible damage to the bedroom floor, walls and other property. Diaz-Silva was located by officers, and the suspect reportedly said he left the residence due to being told he needed to. When asked if he was upset when he was told he had to leave, Diaz-Silva admitted he was a bit upset, according to court documents.
When asked about the residence catching fire, Diaz-Silva did not want to speak further until a lawyer was present, court documents state. Officers noticed that Diaz-Silva had a possible black “scorch” mark on his pants.
Detectives and fire investigators discovered items of evidentiary value and pointed out two burn marks on the bedroom floor that appeared to look as if the fire had been intentionally set, according to court documents. Diaz-Silva was placed under arrest and booked into the Lewis County Jail. He was previously convicted in Lewis County Superior Court of second-degree assault with a deadly weapon enhancement for an incident where he was being removed/evicted from a local hotel room.
During his preliminary appearance in court, Diaz-Silva repeatedly interrupted court proceedings and his Spanish interpreter, making a claim that he is the victim in the case, not the suspect. Defense Attorney Rachael Tiller stated that Diaz-Silva has no means to post and that Prosecuting Attorney Paul Masiello’s request for $500,000 may be too high.
However, Strophy sided with the state, citing community safety risks and his risk to fail to return to court due to his warrant history, including one warrant active since November.
Diaz-Silva’s arraignment is scheduled for Oct. 9.
