Feds: Deadly West, TX, Fertilizer Fire was Intentional

Smoke rose from a neighborhood after the 2013 explosion at the West Fertilizer Co. in West, which killed 15 people and injured 300. (File Photo/G.J. McCarthy)

Someone deliberately started the fire that triggered the fatal explosion in West three years ago, government investigators announced Wednesday.

They did not identify any suspects at the West Fertilizer Co. Their conclusion was partly based on a re-enactment of the fire performed at a research lab in Maryland, according to officials from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the Texas fire marshal’s office. An ATF official said investigators had also conducted more than 400 interviews and analyzed evidence at the site, photos and videos.

The ATF’s Robert Elder, special agent in charge, spoke to the media during a news conference in West on Wednesday. (Vernon Bryant/The Dallas Morning News)

The ATF is offering a reward of up to $50,000 for information leading to an arrest.

“I think we’re on the right path; that’s why we’re coming today to announce our ruling and ask for the public’s help,” said Robert Elder, a special agent with the ATF. Elder spoke at news conference in West on Wednesday.

Elder offered few details, saying he didn’t want to jeopardize the integrity of the continuing investigation. He said investigators eliminated natural and accidental causes and proved the fire started in a portion of the fertilizer plant used to store seed.

Elder said he didn’t know why the fire was set.

“We don’t know what they were thinking, because we haven’t talked to them,” he said.

Elder said that the owner of the plant has cooperated with the investigation.

The criminal investigation has been underway since shortly after the blast, which killed 15, injured 300, and leveled a neighborhood in West, about 75 miles south of Dallas.

The fire at West Fertilizer burned for 20 minutes before the massive explosion that led to the deaths of many volunteer firefighters. About a month after the blast, the fire marshal offered three possible causes of the fire: faulty electrical wiring, a spark from a golf cart parked in a shed adjacent to the bin holding the fertilizer, or an intentional act.

ATF’s Elder said it wasn’t clear whether suspects would face federal or state charges, but that would be determined when the agency put together “a complete prosecution package.”

Texas Sen. John Cornyn offered sympathy to the town of West and family members of the first responders who died in the explosion.

“It really has to be adding insult to injury to know this was not just some accident, but rather an intentional and criminal act,” Cornyn said on a weekly call with reporters. “I’m hopeful they’ll continue to get to the bottom of what happened, as the West community continues to rebuild from this terrible tragedy.”

Today, fewer businesses in Texas sell ammonium nitrate fertilizer, the chemical that exploded in West. But a recent Dallas Morning News analysis of state data found that in up to eight communities, tons of the chemical still sit near schools, houses, nursing homes and even a hospital.

In January, the federal agency that investigates chemical accidents issued a sweeping report that took aim at every level of government, including the city, the state and various federal agencies. All could have taken steps that could have made the disaster less likely, according to the U.S. Chemical Safety Board.

The board made several recommendations – including better training of firefighters nationally, requiring sprinkler systems, and banning storage of the chemical in combustible structures – but it does not have enforcement power.

While a few claims have been settled out of court, the city of West, as well as dozens of residents and businesses, are still involved in litigation over the disaster. A trial is scheduled for July.

The lawsuits target the companies that made and sold the fertilizer and claim that the ammonium nitrate was dangerous and sold without adequate warning.

But even with a finding of criminal wrongdoing by federal investigators, the lawsuit could still go forward, said Jim Wren, a professor at Baylor Law School in Waco. “Under state law, the jury apportions the fault,” he said. A jury could, for example, still find that the product was unsafe and unreasonably dangerous.

A Waco man, Bryce Reed, had been sentenced to federal prison for possession of a pipe bomb after the blast, but he is not a suspect in the fire, Elder said.

A local crime stoppers group is also offering a $2,000 reward. People with information are encouraged to call 254-753-4357 (HELP) or go to www.wacocrimestoppers.org.

Staff Writer Christine Ayala contributed to this report.

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