Nareau puts off decision on St. Francis protective order until Nov. 19

At a 10 a.m. Wednesday, Nov. 13, status hearing, Lassen County Superior Court Judge Mark Nareau, seeking to balance the concern for public safety and the interests of justice, scheduled a further status conference regarding the possible demolition of the north wall of the St. Francis Hotel for 2 p.m. Tuesday, Nov. 19.

Nareau wants the investigative reports on the hotel fire, including the state arson investigation and the Office of Emergency Services investigation with a cadaver dog, turned over the district attorney’s office before the next conference.

Nareau also “strongly recommended” better communication between the city of Susanville, the Susanville Police Department, the District Attorney’s Office and the agencies investigating the fire that destroyed the historic old hotel, the Utopia Management building next door and allegedly damaged nearby properties.

The judge expressed his concern about the lack of communication between the parties involved that he said could have been resolved with just a phone call.

“I don’t get it,” Nareau said.

Don Brand, Lassen County deputy district attorney, who sought the protective order stalling the demolition of the historic Uptown Hotel, said he still has not received the arson investigator’s report from CalFire, the Office of Emergency Services report on the results of a search of the site by cadaver dogs and he has had no communication with city officials on the hotel.

Brand said he received some information late last night, but he has not seen any evidence that the building poses a public safety hazard.

Margaret Long, the city attorney said she was confused as to why the city was in court at all this morning. She said a report (apparently from the Susanville Police Department) — had been uploaded to the district attorney’s system and was available for review. She said the city planned to push the north wall of the hotel into the burned footprint of the building as a public safety issue, not demolish the entire structure. She also noted the district attorney’s office had never contacted the city regarding its intentions for the hotel.

Long argued the hotel was “no longer a crime scene”

Brand said without the reports it was impossible for him to determine what information might be discovered at the site that might be important for the prosecution or the defense.

“I just don’t have enough information,” Brand said.

Long said the city had no intention to demolish the entire structure, and added such action “would take months” to prepare.

City Manager Dan Newton, who also serves at the city engineer, said third story of the remaining hotel wall rests on an unreinforced foundation that raises stability concerns. He said a Caltrans engineer who visited the site shared those concerns, and Caltrans put up K rails along one lane of Main Street.

He also said Caltrans posted the original notice regarding a possible action at the site on Nov. 7. Newton said he thinks the wall poses a threat to public safety.

Nareau asked if that third story portion of the wall could be removed.

Newton said that would be “more difficult.”

Lassen County District Attorney Melyssah Rios said communication from the city would have resolved many of these issues.

Brand reminded the court “the main issue” is the district attorney’s office receiving the arson report.

Nareau said “the threat to public safety sounds like a very real concern to the court,” and Newton said the city would be able to provide more information to the court next week.

Background
The Susanville Fire Department responded to an out-of-control blaze at the St. Francis Hotel on Main Street in Susanville about 3 a.m. Friday, Nov. 1.

According to a statement from Susanville Public Safety, a local business owner in the area came forward with a surveillance video in which a single suspect, identified as Tahnee Willow Orr, 39, of Susanville, was seen entering the St. Francis. Orr allegedly was inside for approximately 2 minutes before exiting the building, and a few moments later, what appears to be a combustible explosion takes place on the second floor of the building. Less than 3 minutes later, a police officer pulled up to the building and made the initial notification reporting the fire. Later that day, law enforcement contacted and interviewed Orr. Statements she made to police officers led to her arrest on a charge of aggravated arson and her custody in the Lassen County Jail.

Brand had asked the court for a protective order to protect a possible crime scene because it had not received the information it needed from law enforcement sources.