Jurors learned this week that a man suspected of setting fire to the chip aisle at south City Market in Durango has been previously arrested on suspicion of arson.
Jeremiah Rush, a former neighbor, said he saw Bradley Clark place a bag that was either smoking or on fire into a dumpster. The incident occurred about 11 p.m. Sept. 12, 2007, at a townhome complex where Clark was living at the time.
Rush said Clark made eye contact with him as he was leaving the dumpster and went back into his house. Rush, who lived in a nearby unit, walked to the dumpster and removed the bag of smoking material and stomped it out, he told jurors.
Rush said he told a couple of people about the incident the next day, and with some encouragement he decided to report the incident to police. He asked police to keep his identity confidential.
Clark eventually went to Rush’s house and confronted him, asking if he reported the incident to police. Rush said he admitted to notifying police.
The case was eventually dismissed.
In his most recent case, Clark is accused of setting fire to tortilla chips about 8:05 p.m. Oct. 5, 2019, at south City Market. A fire extinguisher used to douse the flames may have set off the sprinkler system.
Damage from the fire, smoke and water resulted in about $76,700 in lost merchandise, or about $108,600 based on the sale prices, according to a district asset protection manager for City Market.
Clark has pleaded not guilty to the charges. His defense attorneys – Katie Whitney and Brian Schowalter – argue there was a “rush to judgment” in pursuing Clark as a suspect.
They said at least two other people were in the aisle about the same time as Clark, and there is no way to eliminate them as suspects.
Video surveillance from the store tracks Clark as he collects two kinds of canned chile, lemons, hot dogs, sausages, cheese and enchiladas. Near the end of his shopping trip, he can be seen reaching into his pocket and pulling out something that looks like a lighter, said detective Kathleen O'Toole with the Durango Police Department.
He then enters the chip aisle and disappears off camera. O’Toole told jurors the shadow of his cart can be seen near where the fire started. Clark then reappears on camera and goes through self-checkout.
The trial is expected to conclude Friday with closing arguments.
shane@durangoherald.com
