Crockett man's arson trial thrown out for error in indictment - KTRE.com | Lufkin and Nacogdoches, Texas

Crockett man's arson trial thrown out for error in indictment

CROCKETT, TX (KTRE) -

An error on an indictment will keep a Crockett man from facing jail time for allegedly torching a woman's car after she refused to give him a ride.

Forty-one year-old McKinley Davis was facing an arson charge after authorities claimed he burned a woman's car after she refused to give him a ride to find his girlfriend. The charge was thrown out Monday afternoon in the 349 th district court.

Houston County District attorney Donna Kaspar said the charge was thrown out because of an error in the indictment that involved the location of the crime.

“The indictment said that the arson occurred inside the city limits of Crockett but it was actually outside the city limits,” Kaspar said.

According to the arrest affidavit, Heath Murff, the deputy Houston County fire marshal was called out to the scene of a car fire that occurred in the 200 block of County Road 4015. When he talked to the couple who owned the car, the woman told him that she had given Davis a ride to a location in Crockett to find his girlfriend.

After Davis found his girlfriend, she didn't want to talk to him, the affidavit stated. The woman told Davis to stay in the car, and they returned to the home on CR 4015. At that point, Davis allegedly asked the woman for a ride to another location, and she refused.

The affidavit stated that Davis got upset, and said, "So that's the way you want to do it. OK. Just watch what I do."

The woman went back inside her residence. A short time later, the woman heard sounds from outside her residence. When she rushed outside to see what was going on, she found her 2012 Chevrolet on fire. According to the affidavit, she also found Davis standing on the road, and he wasn't wearing the shirt he had been wearing earlier.

"At the time of the fire, [Davis] had been the only person around the vehicle prior to the ignition of the fire," the affidavit stated. "The shirt that the defendant had been wearing was located stuffed in the opened gas port of the vehicle, partly burned."

The affidavit stated that no other accidental sources for ignition were present. The fire's point of origin was determined to be at the car's gas fill port.

Kaspar said Davis cannot be tried again for the case.

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