Judge recuses himself in arson fire case
Sentencing for one of the suspects charged in connection to the January 2018 arson fire at an underconstruction apartment complex was postponed again, this time because the judge presiding over the case had to recuse himself.
Superior Court Judge David Haws’ recusal Wednesday came on what previously had been scheduled as the day Daniel Molina was to be sentenced. Molina has pleaded guilty to one count of assisting a criminal street gang in a plea agreement with prosecutors.
In return for his guilty plea, 13 other counts of arson against him were dismissed. Molina is under the supervision of Pretrial Services.
The offense Molina pleaded guilty to carries a prison sentence ranging from two years to eight years and nine months, with the presumptive sentence being 3 1/2 years. He could also be placed on a term probation of up to five years, and as a condition of that probation, he may have to serve up to a year at Yuma County jail.
In explaining his reason for recusing himself, Haws said he is a board member of the Housing Authority of the City of Yuma, which operates the Mesa Heights Apartments, where Molina took part in setting one of the buildings on fire.
He continued by saying that Molina’s case had been assigned to Superior Court Judge Stephen Rouff, who is now in juvenile court, and that he did not make the connection when the case was transferred to his court.
Afterward, Haws told Molina’s attorney, Eugene Marquez of the Yuma County Public Defender’s Office, that the case would be reassigned and that he would be contacted when a new sentencing date was scheduled.
According to Yuma police, the fire broke out just before 3:30 a.m. on Jan. 29, 2018, at the Mesa Heights Apartment complex, which was under construction in the 2100 block of Arizona Avenue. Nearby residents were evacuated.
More than 20 properties were damaged and six buildings were totally destroyed, including an apartment building and five homes. Six other vehicles or structures sustained significant damage, and there
were 15 additional small yard and debris fires, one of which burned a carport screen.
Also arrested in the case were 25-year-old James Mee and 19-year-old Trayvon Johnson. Both are facing multiple felony charges. A 16-year-old boy and a 17-year-old boy were also arrested in connection to the case.
In his plea agreement, Molina, who is a member of the East Side Naked City gang, admitted that he took part in the planning of the fire and that it was being done as an act of retaliation toward the Okie Town gang.
James Gilbert can be reached at jgilbert@yumasun.com or 539-6854.