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I am not a fire expert,a scientist, nor am I a mathematician; however, in having read the information given, it would be a travesty to not allow this man an appeal. When the defense presented the "video" of the aerosol can explosion done by ATF I hope that they mentioned that this was only an example of what could occur. More specifically, since there were several forms of combustible chemicals in the gun store;the shop was obviously older;and, they used these liquids on a daily basis, it appears that someone failed to mention that these chemicals were going to be in / on everything and everywhere; whether it is a can, gun, rag, wood or piece of paper.... This stuff permiates everything and everywhere.... There were too many variables which enticed this fire; showing cans explode in a "controlled environment" will not truly show what truly occured but to ignore the true "point of origin" of the frayed cord is an even sadder injustice; more specifically when an original investigator's report or his findings are changed to suit the ones that hold the money strings or to "line-up" with other reports for a conviction. The crime scene was not preserved correctly; original reports were changed; an innocent man wronged.....yep, a real trajedy for the american justice system..... How sad that people no longer care for the truth....

Posted by Mary Elizabeth on May 07, 2009

This is once again very unfortunate and my prayers go out to the family. Very few can understand the suffering caused by this type of error. I am speaking from experience. I find the best thing to do is pray for our leaders so God will hold them accountable for the decisions they make. Several friends of mine have joined in the process for people in positions of power to be held accountable by a higher authority because we cannot count on them to police themselves.
I have been falsely accused to find out the system is only looking for convictions not facts. They obviously come up with a theory, and then seek evidence to support their theory rather than allowing the evidence to establish their theory. It is unfortunate that after they are proven to be wrong, they continue to stick to their story with no consideration for the lives and families they are destroying.

They hope you cannot afford adequate representation. In most cases the family finances are completely exhausted hindering them from continuing a defense.

Please feel free to contact me for the details of my situation, in the meantime I will continue to pray that the unjust rulers be exposed.

Posted by mcneilhomes@cs.com on May 05, 2009

I pray that this article will bring fresh justice to this horrible situation for this young man and his family. I learned of this via a donation that was made in my son's memory by the North Texas Church of Freethought. If something good can come of my son's death, I am here to help. I am listed in the Fort Worth Directory should someone wish me to help in any way that I might be able. Paul Tripplehorn

Posted by Paul Tripplehorn ...Fort Worth on April 29, 2009

This man clearly seems to be the victim of the crushing power and weight of a federal prosecution; I've seen it far too many times. The judge's decision that the failure of the prosecution to disclose the training video, although an error, would not have changed the verdict . . . the only way to truly know the answer to that question is to retry the case; a judge making a decision as to what he/she thinks a jury of 12 people would decide is a dimunition of the jury system. This certainly appears to be a federal jury buying the evidence/arguments of an all-knowing government team. We can only pray that God will move in these circumstances to right an apparent wrong.

Posted by James on April 17, 2009

I knew Curtis during this time and was involved with Lone Star Guns before and after the fire. I was also at the trial and sentencing. There are three things missing from the story. The first is Curtis had one of the worse lawyers I have ever seen. He made mistake after mistake. Second is that a fireman was injured putting out the fire and the Judge made a big point of this in the sentencing. Third and I think very important is Curtis’ personality. I personally believe that he is innocent but for lack of a better term, Curtis could “piss off the Pope.” He certainly made the prosecutor and the judge furious with him. At the sentencing, wearing his orange jump suit and chains, Curtis had nothing but contempt for the judge and said so in open court. His lawyer apologized to the judge saying he had ADD and was off his medications.

I remember after many of Curtis’s friends testified on his behalf, the judge sat at the bench manually adding up the years before announcing the sentence. He threw the book at Curtis and gave him the maximum. My jaw dropped. I hope he can get a new trial with a better attorney.

Posted by The C man. on April 09, 2009

I have been involved with the fire service for over 4 decades, I have taught Fire Investigation, Fire Prevention, etc for many years. I am retired after 31+ years of experience in a professional fire dpartment which was responsible for over 3,500 industrial occupancies. I have had experience with Aerosol cans and there involvement in fires. The notion that they can't rupture and start other fires is pure rubbish. There are standards for he storage and handling of Aerosols which involve containment of the flying cans which will cause additional fire spread and destructive damage. The ATF video shows this, but i would suggest that the defense contact Factory Mutual Engineering in Norwood, MA. They have done extensive testing on Aerosol Cans and their behavior in fires. The State of Texas and the ATF has egg on their face and has most probably convicted an inocent man. They have forgotten the founding principle of any investigators job. An INVESTIGATOR is a finder of the FACT and a reporter of the TRUTH. There was obvious error in this trial and those who would discount the Aersol as being involved in this fire have done themselves and their agencies a disservice. In the fact that fires start accidentally it is critical that all natural causes be eliminated, The damaged electrical cord found by the insurance investigator certainly qualifies as an accidental source of igntion. Failure to reopen this investigation is a travesty of Justice.

Posted by Richard J. Keyworth, CFPS, CHMM on April 07, 2009

My prayers go out to this innocent man and his family. Isn't there a way to expose this injustice, like some tv show that investigates contraversial cases? Anything that would help him get a new trial or a pardon? This man had nothing to gain and everything to lose.

Posted by Deb Nelson on April 07, 2009

This is a text book example of the federal system and the true lack of checks and balances. I have seen this insanity affect others in just as capricious and horrible ways. When the full weight of the federal system attack a single individual only God can help them. They will crush you and do not care whether you are innocent or guilty. They are judge, jury and executioner. Once that many egos are involved you only hope is to get a pardon from an exiting president. No one else will even talk to you. I will keep this apparently innocent man and his family in my prayers.

Posted by R. S. George on April 06, 2009

There is a special place in Hell for people like John DeHaan. Tell me John, would you accept this type of testimony and fire investigation tactics if the accused was a family member of yours? Be a man and put your inflated ego aside and do the right thing. My god, a man and his family is suffering because of you!!!

Posted by Retired Fire Chief on April 06, 2009

IS there anything we can do to help correct this injustice? This is so wrong and needs to be reversed. How about a pardon from the govenor, or at least let the man out of jail on appeal.

Posted by Fire Investigator on April 06, 2009

out of pride and arrogance those prosecutors will go to there graves
having wronged a family and will never admit it. Having justified it to themselves. WHERES THE JUSTICE!!!!

Posted by david turner on April 06, 2009

Another tragic example of junk science used to convict. ATF experts are not well known for their expertise in the fire investigation community.

Posted by CFI on April 05, 2009

I just can't believe this man was EVER brought to trial!!!! I spent 10 years as a Firefighter,Fire Instructor,Fire Inspector and Fire Investigator in Florida and 5 years as a Supervisor for private Hazardous Materials Emergency Response Companies in the US and I want to know who the hell thinks that an aerosol can has ONLY vapor within it's contents???!!! That is the ONLY way an aerosol can can flash and not allow the contents to burn off aggressivly(predictable!!)!Let me tell you about a BLEVE. It is an acronym for Boiling Liquid Expanding Vapor EXPLOSION!! During the heat of a fire or even just elevated temperatures within a confined space,the contents of those cans WILL (according to their boiling points)cause an increase in internal pressure to the point at which the vessel can no longer hold itself together and KABOOM!!! Now you have yourself a BLEVE!! This mans case is a text book scenario!!! I have seen numerous times in my career all the CRAP people have in just their garages!! Aerosol cans are an expected surprise!! And now throw in propane,freon and gasoline tanks/water heaters ETC.!! And how about unexploded ammunition??Black powder/smokless powder/gun oil!!COMMON COMBUSTIBLES?????I once made entry into a structure fire and to my HORROR I see 5 bottles of pure oxygen!!(150lb K cylinders/Lung cancer patient) If those frangible discs(pressure relief devices)would have gone off, I WOULD have been incinerated!!! You HAVE to cool the cylinders to at,or BELOW the boiling point of the contents or else, KAFUKINBOOM!!!!(KB-KFB)-(Haz Matr's/EOD know what this means) Fighting fire is NOT an exact science. The BEAST has a mind of it's own!! Sometimes you can make it behave,most times all you can do is bow to it's power and adapt).And Mr ATF with his pictures and calculations isn't right in his ASSUMPTION of what happened!! I can tell(and so can ANY haz mat veteran)that he hasn't FOUGHT the BEAST,(a REAL fire)other than a controlled evolution at some corporate training seminar!!!!!You have to go to the people that have BEEN THERE, DONE THAT and have a hundred tee shirts!!!!
Now then, lets go for one of our BASIC rules of justice--Innocent until proven guilty, BEYOND A REASONABLE DOUBT!!!!!! His situation in life could only be worse if his gun shop burned to the ground--MOTIVE?????
DEFENSE--Do you need a Firefighter to do your closing arguments??? Damn--Somebody fresh out of Fire School could have put the prosecution on their heels!!!
Prosecution--Jesus!!Stop trying to dazzle people with bull-hit!!! Do you HAVE to believe EVERYTHING some clown that authored a book tells you???

Both of you are dealing with people(jury)that ARE NOT adept at EXPERT testimony!!!3,000 pages of testimony---WAY TOO MUCH INFORMATION!!!!!!!And Mr ATF/Author---Just because someone writes a book that says he can make a rock solid determination soley on circumstancial evidence(pictures and some math calculations which are OPEN to interpretation)can NEVER mean you should negate the improbable-no two fires can be alike--EG:snowflakes -You need to BE a PAID Firefighter for at LEAST 5 Years in a major city-Then and only then will I give you credence as to your credentials!!!Otherwise you are just a mouthpiece. Book smart people ANNOY the sh-t out of me!! A book smart fireground commander only got in my way!! If he hadn't worked a hose line with me in the past--he wasted his breath trying to work the book!!
Sometimes I would shut my nozzle off JUST to see what the beast was going to do next!!A few times it did as I expected,but most times it didn't. I've even watched the flames change colors,intensity,temperature and direction according to what was involved in the fire(batteries/fiberglass in golf carts/wind/humidity ,etc.) but the thing I learned in my 15 years was, Don't EVER try to predict with any degree of certainty, who was in control-you or the beast!!
Back to the defense--Get your asses to the Haz Mat people at FDNY!!Those guys are the EXPERTS you need!!! They are the, BEEN THERE-DONE THAT, experts that can put things into perpesctive for an uneducated jury!!!The worst thing you can do is cram multitudes of insignficance into folks that don't know what is significant and didn't want to be there in the first place!!!SHOW AND TELL---PEOPLE!!DO SOME SIMPLE DEMOS!!!
Mr Mann--I hope you are monitoring these (comments)!!If you could please pass on what I have said I know this man can get his side across better than what he has had at this point! Arson will always be the hardest crime to prove!!You really need to catch them with the match in their hand to be 100% positive!!Too many unknowns can ruin a final determination!
Should any one need some direction in this matter you can reach me at 361-906-6647 or daveelbs@yahoo.com
This man does not need to spend one more second in jail for the crime he is accused of!!!!!
PS Those of us trained in arson investigation know what a friction fire is---The mortage due,rubbing against the insurance payable---according to what has been submitted by the defense---he would have LOST money--What was his motivation??
PSS Was the Plano VOLUNTEER Fire Dept. the authority having jurisdiction or was it the CITY of Plano?? That has everything to do with crime scene security! Chain of evidence can MAKE or BREAK a case!! I realise that salvage and overhaul is an integral part of securing the Fireground so that when we leave,flare-ups don't happen-BUT someone needs to be in charge of documentation so an innocent man NEVER goes to jail for arson!!! Don't move a -uckin thing till shots are taken!!! EVERY fire is a potential court case!!!
I see SOOOO many reasons for what happened but I have only read what the media let's me read.
This man should be home with his family and NEVER been involved in this FIASCO!!!!!!!!


Posted by Dave Pounds on April 05, 2009

As a former firefighter I am shocked at the testimony concerning the aerosol cans by the ATF. They are idiots and an embarrassment to the profession! This man seems to be innocent. www.LawReport.org

Posted by Howard Taylor on April 03, 2009

I think prosecutor Tracey Batson is a dumb fuck and arrogant to boot. It's not only the expert witnesses such as fire investigators who are under trained, it's also the lawyers.

Posted by Harper Clark on April 03, 2009

Great story. Hopefully this will draw attention to his plight and something positive will result.

Posted by Jan Babcock on April 02, 2009

this case stinks of? what? gunoil? or perhaps "justice" festering?

Posted by machattan on April 02, 2009

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