Pubdate: Sun, 06 Oct 2002
Source: Oklahoman, The (OK)
Copyright: 2002 The Oklahoma Publishing Co.
Contact:  http://www.oklahoman.com/
Details: http://www.mapinc.org/media/318
Author: Dawn Marks, The Oklahoman
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

METH LAB FIRES SPUR CHANGE IN ARSON LAW

In March 2001, Del City firefighters responded to a house engulfed in 
flames. Investigators later found that the fire that destroyed the house 
started while the man was cooking methamphetamine, Del City Fire Marshal 
Jim Hock said. Although the man was engaged in illegal activity, his 
insurance company paid to rebuild the house.

"I couldn't show intent," he said. "It wasn't arson."

After the department responded to two more meth fires that month, Hock and 
the fire chief approached Rep. Kevin Calvey, R-Del City, for help. The 
result was a law change in November.

Now, more prosecutors have begun to use the law in filing first-degree 
arson charges against people starting fires while cooking methamphetamine. 
That has meant longer jail times for drug offenders and prevented them from 
making accident claims on their insurance.

The law was used in September when Garfield County Assistant District 
Attorney Mike Fields filed first-degree arson charges against Joe Lee 
Campbell Jr., 34.

Under the Truth in Sentencing Law, those convicted of violent crimes like 
first-degree arson must serve at least 85 percent of their sentence. That 
isn't the case with other drug-related charges, Fields said.

"Their sentences are frequently paroled or commuted," he said.

The punishment for first-degree arson is a fine of up to $20,000 or not 
more than 25 years in prison.

Campbell's case is the second filed in Garfield County since the law 
change. The first case was dismissed because of a problem with the warrant.

Co-authors said they have not heard of many prosecutors using the law yet.

"If they're cooking drugs and set something on fire, they shouldn't be able 
to come back later and claim it was an accident," Calvey said. "It's 
dangerous. They should know that. They shouldn't be able to profit from 
criminal acts."

Rep. Ron Peters, R-Tulsa, the bill's principal author, said not changing 
the law would have been foolish.

"Under the old law, the insurance company had no choice but to declare it 
an accident and pay off on it," Peters said.

According to the affidavit filed in Campbell's case, his girlfriend was 
asleep in the house May 24 when the fire in the bathroom started. Campbell 
told police that he bumped into the hot water heater and a fire started. 
Officers found nothing wrong with the tank but did find evidence that 
Campbell had been cooking methamphetamine.

Campbell also faces several other drug charges including possession of 
precursors with intent to manufacture and possession of methamphetamine 
with the intent to distribute. His preliminary hearing on those charges is 
Oct. 24 and he probably will make his first appearance on the arson charge 
then, Fields said.
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