A man charged by Pottsville PA police with setting a home on fire on Aug. 25 had charges against him held for court during a preliminary hearing Monday morning.
Peter Edmund Fulton, 21, who lived at the 315 Morgan Ave. home he is charged with lighting on fire, appeared before Magisterial District Judge James K. Reiley, Pottsville, on charges of three felony counts of arson, one felony count of causing or risking a catastrophe and one misdemeanor count each of recklessly endangering another person and criminal mischief.
Pottsville police Patrolman Joseph Murton, the arresting officer, said he was called to the scene as Pottsville fire investigator and that inside the home there was a strong odor of gasoline and a gasoline can.
Murton said his investigation determined the fire originated on a mattress in a second-floor front bedroom and that the fire was intentionally set.
“No accidental fire sources were found,” Murton testified. “It was started by an open flame.”
Murton also said that in an emergency 911 call made by Fulton, the man admitted starting the fire. A recording of the call was obtained with the voice of the caller identified as Fulton by his brother-in-law and owner of the home, Nathan Gable.
Under cross examination by Fulton’s lawyer, attorney Matthew Banks of the Banks Law Group, Murton said he did not interview Fulton about the fire since he had retained an attorney and that he was identified as the person responsible through identification as the 911 caller.
Under re-direct by assistant district attorney Robert Lipkin, Murton said all those interviewed in the case, as well as the 911 recording, will be made available to the defense and will also be available for trial.
Banks did not call Fulton to the stand but, in closing, said the commonwealth had not proven the fire was intentionally set by his client and asked Reiley to dismiss the arson and related charges.
“The commonwealth failed to meet the elements of an intentional act,” he said.
Lipkin countered by saying the fact that Fulton called 911 and admitted starting the fire proves that element, at least for the purpose of a preliminary hearing.
Reiley agreed and held all charges against Fulton held for Schuylkill County Court.
The judge then granted a request by Banks for a bail modification for his client.
Reiley reduced the $150,000 straight cash bail to $50,000 straight cash after hearing from the man’s father, who said Fulton will reside with him in Pawling, New York, where he will be under his supervision.
Fulton also agreed to return to Schuylkill County for all court proceedings and not to have contact with any of the victims in the case.
After lighting the fire, Fulton fled to New York state where he was receiving treatment at a medical facility there at the time he was identified as the person responsible for the crime, Pottsville Police Chief Richard F. Wojciechowsky reported last month.
On Sept. 15, Pottsville police traveled to New York state and returned Fulton to Schuylkill County where he was arraigned on the charges and committed to Schuylkill County Prison where he is currently incarcerated.
Pottsville Assistant Fire Chief William DeWald said the home sustained heat and smoke damage and that the fire was contained to the front bedroom where the burning mattress was discovered.
There were no injuries to first responders or residents, DeWald said.
