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Could teen arrested in relation to Lizzie Fire face adult charges?

Lizzie Fire above San Luis Obispo High School's soccer field
Posted at 4:26 PM, Nov 01, 2023

The investigation into what caused a fire in the hills above San Luis Obispo High School on Monday could lead to criminal charges.

San Luis Obispo police say surveillance footage from the high school led them to identify two juveniles seen leaving the area where the fire is believed to have started. One of the juveniles, identified only as a 15-year-old, was arrested on a charge of arson and booked into juvenile hall.

RELATED: Lizzie Fire acreage increased due to improved mapping

People who live in the area were surprised to hear of the arrest.

“I have an 11-year-old, so thinking of a 15-year-old, I feel bad for the boy or girl, but what could’ve happened and how much damage it could’ve caused in our entire neighborhood for one stupid decision, it breaks my heart," said Natasha Mercurio, Wilding Lane resident.

As the case unfolds, questions arise about how the minor will be charged if charges are filed.

San Luis Obispo Attorney Matt Hanley explains that cases involving juveniles are prosecuted differently. For arson cases, the severity of the crime can determine whether the suspect will be tried in juvenile court or as an adult.

"If it is serious enough, the district attorney handling the case can request the juvenile case's transfer to the adult system," Hanley elaborates.

He says for juvenile cases, the system primarily focuses on treatment and rehabilitation for minors, offering programs and services through the probation department.

He adds that when he represents minors, he advocates for the best services to help his clients and ultimately keep them out of custody.

“If this individual is the one who committed this offense, how can we best help them? Because ultimately, that's going to best help our community,” Hanley says.

Police say the suspect in the Lizzie Fire was booked into juvenile hall, with the next step being a detention hearing where the judge will decide on continued custody. However, removing minors from their homes and daily lives is viewed with caution in California, according to Hanley, as it can impact their overall development.

Jane Ahquist who lives on Woodland Court is glad there was no major damage or injuries.

“I feel sad for him but I also want to tell the parents, you know, no hard feelings. We’re all okay,” she said.

The San Luis Obispo Police Department declined to comment further on the arrest citing the ongoing investigation. San Luis Obispo City Fire Dept. officials say that on cases like these, assistance from the police department usually is requested due to suspicious findings related to the fire's origin, but that for this case, fire officials are unaware as to why the police has become involved.

A determination on whether charges against the teen will be filed has not been announced.