The transient man charged with reckless burning after a vacant structure on Alder Street in Centralia caught fire on Sunday claims he was wrongfully accused of starting the small fire that ultimately burned out of control, according to his attorney.
Nathan J.J. Hayes, 44, was arrested after law enforcement and firefighters responded to a fully-engulfed fire at a condemned building in the 1100 block of Alder Street just before 8:30 a.m. on Nov. 6.
Centralia police believe the abandoned building is owned by the Port of Centralia and is set for demolition for the Centralia Station development.
Hayes and one other person, who is identified in court documents as “Johnnie,” were inside the structure when the fire started. Hayes allegedly “lit some cardboard in a tin garbage can to stay warm” in a room on the second floor, then fell asleep and awoke to a room full of smoke, according to documents filed in Lewis County Superior Court.
“Johnnie” reportedly opened a window to let some smoke out of the upstairs room, then the two men went downstairs. When they tried to go back upstairs, they found the room was “too hot” to the point they were “unable to get upstairs.”
The two then reportedly “left the house in different directions as the house began to catch fire rapidly,” according to court documents. Residents in the area reported the fire, according to previous Chronicle coverage. Both men who were in the residence were located and questioned by authorities, but only Hayes was arrested.
“We determined it was reckless burning because it was not a safe area where he lit the fire in the house,” Detective Sergeant Dave Clary previously told a Chronicle reporter. “It’s worth noting these types of instances start to happen more frequently when the weather gets cold, and it’s never a safe option.”
Defense attorney Rachael Tiller, who represented Hayes during his preliminary hearing in Lewis County Superior Court on Monday, said Hayes told her he did not light the fire and was asleep until he awoke to a room full of smoke.
“Someone else admitted to lighting the fire and it was not Mr. Hayes, so Mr. Hayes is very upset and I agree, they have the wrong person charged,” said Tiller on Monday.
Tiller added that Hayes has been forthcoming and cooperative with law enforcement conducting the investigation into the fire.
While Deputy Prosecutor Brad Meagher asked Judge James Lawler to set Hayes’ bail at $25,000 secured out of concern for community safety, Lawler granted Tiller’s request to release Hayes on $10,000 unsecured bail.
On unsecured bail, Hayes is allowed to remain out of custody without posting bail so long as he maintains regular contact with his attorney, does not commit any crimes and comes to court for all mandatory hearings.
“You’re promising me that you’re going to be here, so don’t let me down on this,” Lawler told Hayes after granting the unsecured bail on Monday.
Hayes’ next court appearance is an arraignment hearing scheduled for Thursday, Nov. 10.
