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Last updated: June 10, 2009 8:25 a.m.

Gasoline discovered at Willows blaze scene

But fire chief insists arson not factor in fire that killed 3

Rebecca S. Green
The Journal Gazette
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Evidence of gasoline was found at the scene of January's triple-fatality fire at the Willows of Coventry, according to court testimony Tuesday.

But Fire Chief Pete Kelly is adamant the trace amount of gasoline found is likely residue left over from the fire crews' gas-powered equipment used to fight the fire and during the investigation.

Discussion about possible causes was mixed Tuesday with debate about when, or whether, the city will release records related to the fire.

Cal Miller, the local attorney for Dial Equities, the Omaha-based company that owns the apartment complex, said that a private laboratory's analysis of evidence from the fire scene found traces of gasoline at the threshold to the door of one of the apartments.

According to Miller, their results were different from those obtained by the city's fire investigators and investigators for Travelers Insurance. Other results involved a potential electrical problem, according to statements made in the hearing.

Inside that apartment were three students from International Business College - Jennifer Spurgeon, 19, of Winamac; Renae Patton, 18, of Ottawa, Ohio; and Lara Punches, 19, of Defiance. All three died from smoke inhalation after they were pulled from the burning building.

The nearby International Business College used the entire apartment building as a dorm.

Tuesday's hearing in Allen Superior Court came at the request of attorneys for Dial Equities, Bradford Schools Inc. - doing business as International Business College - and Spurgeon's estate.

The groups are asking Allen Superior Court Judge David Avery to compel the city of Fort Wayne to release records related to the fire and subsequent investigation.

So far, the city has denied access to most information related to the fire, citing other records as part of an ongoing criminal investigation. Based on deadlines set during the hearing, the matter will likely extend into the fall.

Similar requests by The Journal Gazette for information related to the fire also have been denied.

During Tuesday's hearing, Fort Wayne's attorney, Tim Manges, said the city will always consider the records investigatory, even if the inquiries into the fire have ended.

"It has that coloring forever," Manges said. "The city is going to declare everything gathered by the arson investigators as investigatory."

The fire department has not yet released a cause for the fire.

But in a telephone interview Tuesday, Kelly said his investigators found nothing that indicated the fire was intentionally set.

"There were no accelerant pour patterns found at that fire," he said. "We do not suspect any kind of arson activity here."

The investigation has taken longer than hoped for, as the fire department awaits the test results of a key piece of evidence, Kelly said. The outcome of that test will likely confirm what the fire department believes is the cause of the fire, he said.

He said he intends to release the information about the cause when the results come back.

"I'm anxious to bring a lot of this to closure as well," Kelly said.

After the hearing, Manges said the city's decision to keep records from public view is within its discretion.

When asked whether any information would be released about the fire, he responded with "in due time."

rgreen@jg.net