CASPER — A 46-year-old Casper man entered into a plea deal Tuesday in Natrona County District Court, where he could serve up to 12 years in prison for setting a series of fires at a motel, a vacant restaurant and three other locations in Casper last summer.
In exchange, the Natrona County District Attorney’s office agreed to drop eight other charges and not file another count of fourth-degree arson for a fire that investigators discovered after his preliminary investigation.
Dallas Ray Smith stood in Judge Kerri Johnson’s courtroom beside his attorney Dylan Rosalez as Rosalez outlined the plea deal made with Chief Deputy District Attorney Blaine Nelson.
Under the deal, Smith agreed to plead guilty to two first-degree arson counts that correspond to a fire at the Red and White Cafe on May 19, and another at the Yellowstone Motel on July 3.
He also agreed to plead guilty to three fourth-degree arson counts for a fire at 728 E. C Street and two fires at 933 N. Kimball on July 3.
Under the plea deal, Smith would receive a 12-year cap for his first-degree arson charges while the sentences for the three misdemeanor fourth-degree arson charges would be served concurrently with the felony sentences. He also would be responsible for restitution for damages created by the fires, even in the counts that will be dropped.
One third-degree arson charge stemming from an Aug. 26 fire at 801 N. Washington and seven fourth-degree arson charges for fires set on July 1, July 3, Aug. 1, and Aug. 26 at various locations in alleys and open spaces in Casper will be dismissed as part of the deal.
Johnson read through the charges and asked him if understood the terms of the plea agreement.
“Yes, I do ma’am,” he said.
Johnson then went through the charges and Smith responded with “guilty” for the each one.
The judge then asked him if he set fires at the Red and White Cafe, Yellowstone Motel, and other locations.
“Yes, I did,” he replied.
Seeing ‘Red’
Two police affidavits outlined the case against Smith includes his police interviews, where he told a Casper police detective on Aug. 29 that he “gets upset and angry” because his landlord talked down to him and insulted him.
“This made Smith see red, and he ultimately would light fires,” the affidavit states. “Smith did not know how to deal with his emotions around the time he had to go to the Yellowstone Motel to pay the property manager rent and wanted counseling for his problem but didn’t know where to look.”
Johnson said she would use the affidavits as part of the evidence of Smith’s guilt.
Rosalez asked the judge to consider converting Smith’s $30,000 cash or surety bond to a $30,000 personal recognizance bond as he awaits his sentencing which will follow a pre-sentence investigation. He said his client was concerned about his two dogs but had lost his housing.
“He would be able to work,” Rosalez said. “He has had no behavioral issues while he has been incarcerated.”
Nelson argued that the bond should continue as it is because of Smith’s “nonchalant nature” of setting fires and the unforeseen “stressors” that could trigger him to light one again.
“Fire is a creature of itself and will spread and puts people at risk,” Nelson said. He said he did not see any “guarantees” that would ensure Smith would not be triggered again.
Johnson said the first-degree arson charges were serious and that she would deny Smith’s request.
“I will continue bond,” she said.
The Casper Police Department first reported publicly last summer that they suspected an arsonist in the city after six fires broke out in a 12-hour period from July 2 - July 3.
Anonymous Caller
A police affidavit states that an anonymous caller left a message with the Casper Fire Department on May 16 that the Red and White Cafe had electrical issues and there was grease buildup on the stove in the former restaurant and fire hazards in a garage behind it.
On May 19, the fire department was dispatched to a structure fire at the building behind the Red and White Cafe that appeared to have been used by homeless people. No cause was initially determined.
On July 3, the Casper Fire Department responded to six different fires, and at 2:15 a.m. were called to the 1600 block of E. Yellowstone Highway and the Yellowstone Motel for a structure fire.
Four rooms in the north section of the motel were occupied, and residents had been told to evacuate. Firefighters found a small fire on the northwest corner of the building beneath a power breaker box.
“A charred pile of unknown cloth material that appeared to have been intentionally built and subsequently lit with a competent ignition source” was discovered, the affidavit states.
During police contact with Smith on July 3, Smith spoke of fire hazards at the Yellowstone Motel and the Red and White Cafe as well as concerns about potential fire issues in the building behind the Red and White Cafe, just as the anonymous caller had in May, the affidavit states.
Smith referred to the owner and manager of the Yellowstone Motel as “slumlords” and that they were “bigoted” and took advantage of residents who lived there.
The affidavit states investigators found video footage with Smith, linking him to the area around the motel in the early morning hours of the fire.
After fires on Aug. 29, Smith was again questioned by police and admitted to starting two fires on that date, stating “dry leaves do a lot.”
When asked about other fires that had occurred over the summer, Smith told police about starting a fire on July 1 in the 1000 block of St. John Street, admitted starting the fire in the garage behind the Red and White Cafe in May, but when asked about the fire at the Yellowstone Motel denied it, even though he was informed they had video footage of him in the area.
‘I’m Responsible’
“How many more fires are you going to ask me about because I told you I’m responsible,” he told police according to the affidavit.
Smith told police about “his displeasure” with the Yellowstone motel over seven years and that he started the fire with a red blouse he found on a nearby fence and piled trash on top, which was the result of “anger.” He told police he becomes “on edge” when talking about the motel.
The affidavit also states that he started a fire in the 800 block of N. Washington Street on Aug. 26 to “burn the pain.”
An additional interview on Sept. 2, with police led Smith to admit to all the fires that occurred on July 3, the affidavit states.
Dale Killingbeck can be reached at dale@cowboystatedaily.com.
