Fatal apartment fire ruled arson

A Hot Springs man was charged with capital murder and arson Thursday afternoon for allegedly intentionally setting Tuesday's fatal fire at Polo Run Apartments, 126 Manor Lane, Hot Springs police said.

Rayson Edward Clayton, 22, was taken into custody at around 3 p.m. Thursday near the intersection of Malvern and Grand avenues. Police said in a news release that he will be held at the Garland County Detention Center with no bond. He could face the death penalty or up to life in prison on the capital murder charge and up to life on the arson charge.

A probable cause affidavit released by police on Thursday said that the fire occurred shortly after Clayton's aunt, who had kicked him out of her apartment the day before, declined to let him back inside to pick up his belongings. Another witness said Clayton had stated he would "burn the place down" if she didn't let him in to retrieve his belongings.

Police said there is no relation between Clayton and the victim, whose identity has not yet been released. Hot Springs police Cpl. Kirk Zaner said Wednesday that the victim has yet to be identified due to the extent of the fire-related injuries he suffered.

Police said Wednesday that the fire occurred in the first-floor common area of one building in the complex and involved toxic smoke from a sofa. The fire victim's body was discovered in the common area, or foyer, on the first floor, the release said. The affidavit said the body was on the ground floor between the stairwell and the exit doors.

"As he tried to escape, we believe he came down the stairs and was overcome by the toxic fumes in the common area, collapsed and subsequently died. His body was burned by the fire," Zaner said Wednesday.

Thursday's news release said the Hot Springs fire marshal and Hot Springs police detectives determined the fire originated from the couch in the common area on the first floor.

"It is believed the deceased, who has not yet been identified, fled an apartment on the second floor after the fire was started and spread. As the deceased attempted to exit the building, he was overcome by smoke and fumes and collapsed in the foyer area of the first floor," the release said.

About 10 people were rescued from the building, including children and an infant, according to police and the Hot Springs Fire Department.

One resident, a female, jumped from a third-floor window and suffered a broken rib, the affidavit said.

When police and firefighters arrived on the scene at around 5:37 p.m. Tuesday, flames and smoke were coming from the ground floor, with heavy smoke billowing up through the center of the building up to the upper two floors, the affidavit said.

Hot Springs Fire Marshals Carlton Scott and Tom Broughton determined the fire began on a couch that was sitting at the bottom of the stairwell adjacent to the aunt's apartment. "They also determined that only a person, either by accident or on purpose (arson), set it on fire," the affidavit said.

Detective Scott Lampinen responded to the scene and made contact with Clayton's aunt, who told him about her confrontation with Clayton a short time earlier and her refusal to let him in her apartment. She said after telling Clayton to leave she woke up her son to let him know Clayton was there and then heard smoke detectors going off.

She found there was a fire outside her door and she and the other occupants fled out a back door, she said. She saw an acquaintance of Clayton's leaving the area on his bicycle right after the fire started, within minutes of her waking her son.

Lampinen located and interviewed the acquaintance Wednesday and he confirmed he had been at the apartment earlier and had just returned when he saw Clayton at the back of the building. He told Lampinen he followed Clayton inside through a rear entrance to the front door of the building and saw him knock on his aunt's door, but she wouldn't let him in.

He said Clayton and his aunt argued through the door and then he heard Clayton say he would "burn the place down" if she didn't let him get his stuff. The acquaintance said he went back outside to the rear door to see if Clayton's aunt would let him in, but no one answered.

As he went back by the rear building, he said he saw Clayton still "milling around" by the apartment door where the sofa was located, but couldn't see what he was doing. He told Lampinen from the time Clayton said he was going to burn the building down until the acquaintance left was only one or two minutes and Clayton was the only person in the area.

Clayton was previously arrested Jan. 17, 2018, on a misdemeanor count of possession of drug paraphernalia and pleaded not guilty March 5 with a trial set for May 3 in Garland County District Court. He had multiple prior arrests for misdemeanor counts of criminal trespass, usually adjudicated by time served.

Local on 03/30/2018

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