The Santa Barbara man accused of starting the 7-acre Loma Fire that burned the Westside neighorhood and TV Hill in May faces three arson-related felony counts after being ordered to trial in Santa Barbara County Superior Court.
The District Attorney’s Office charged Victor Angel Hernandez, 23, with two counts of felony arson of an inhabited structure or property on Via Del Cielo (related to the Loma Fire) and on Loma Alta Drive (a charge stemming from an incident on June 14, 2020), and a felony count of attempt to burn for allegedly attempting to set a fire and burn a structure in the area of McKinley Elementary School between May 10 and May 20 of this year.
Hernandez also faces a special allegation for causing multiple structures to burn, according to the criminal complaint.
The original criminal complaint included misdemeanor charges of possession and being under the influence of a controlled substance, and those were dismissed, according to court records.
Hernandez was arrested by Santa Barbara Police on the night of the May 20 Loma Fire on suspicion of intentionally starting the wind-driven blaze—which damaged two structures and prompted evacuation orders — after officers found him hiding in brush, according to court documents from Hernandez’ preliminary hearing on June 18.
After being called in to assist in determining the fire’s point of origin, Santa Barbara fire investigator Aaron Lynn was cruising the area and noticed a man walking up to the 600 block of West Ortega Street, Lynn testified at the preliminary hearing.
The man ran into the woods towards the fire when Lynn was approaching, hiding under a log approximately 10 feet behind where the fire was actively burning, he added.
After he called in police for assistance, Lynn said, the man came out of hiding, and Lynn “instantly recognized” him as Hernandez.
Hernandez later told officers that he was in the area looking for a place to sleep, according to the court documents.
Prosecuting Attorney Kevin Weichbrod argued that the place in which Hernandez was hiding from Lynn “certainly wasn’t” a place to sleep or a safe space due to the proximity of the actively burning fire.
Police found three lighters and a butane torch in Hernandez’ possession at the time of his arrest, Detective Eric Davis testified at the preliminary hearing.
Fire investigator Ryan DiGuilio testified that there were no downed power lines or lightning in the area on the night of the fire, and the Loma Fire was most likely started by an open flame.
Davis testified at the hearing that Hernandez seemed “out of sorts” when he was questioned on the night of his arrest. Davis also said that there were “interesting” dark marks on his clothing that were consistent with soot or ash.
City fire investigator Joe Poire said at the hearing that there were five individual fires reported on the night of the Loma Fire, including the 7-acre blaze and four smaller fires.
The five fires were separated by enough distance that the wind wouldn’t have caused any embers from the small fires to leap from one place to the next, Poire testified.
Hernandez described a timeline of where he was on the night of the fires, and his story put him in the general area at the times of all five fires, Davis said.
In video footage from Guadalajara Market and Deli, 601 W. De La Guerra St., Hernandez was seen stopping on the sidewalk, staring up at the blazing TV Hill, and watching the fire briefly before walking away, Lynn said.
Hernandez said that he wasn’t at the market at the time he was caught on the footage, Lynn added.
Weichbrod argued that the circumstantial evidence places Hernandez at all five of the fires that night.
While Hernandez is only charged for the Loma Fire on that night, Weichbrod argued, the small fires show intent as they occurred in a timeframe that would allow Hernandez the time to walk between the fires.
After being held to answer, Hernandez entered a not-guilty plea to all of the charges and denied the special allegation on July 7.
He is being held at the Santa Barbara County Main Jail, with bail set at $570,000.
Hernandez was ordered back to court on July 28 for a readiness-and-settlement conference, according to court records.
— Noozhawk staff writer Jade Martinez-Pogue can be reached at jmartinez-pogue@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.
