Newburgh Business Owner Convicted of Arson in the Second Degree and Reckless Endangerment in the First Degree for Setting Fire to Building Which He knew
Was Occupied By an Upstairs Tenant

Faces Up To 25 Years in State Prison

Orange County District Attorney David M. Hoovler announced that on Friday, November 9, 2018, Jesus Cruz, 44, of Peekskill, was convicted after a jury trial before Orange County Court Judge William DeProspo, of Arson in the Second Degree, and Reckless Endangerment in the First Degree, for intentionally setting fire to a building where he had operated a bodega in the City of Newburgh. The jury found that on September 22, 2017, Cruz had intentionally damaged the building at 435 Broadway by starting the fire when he knew that another person was in the building, or that there was a reasonable possibility that someone was in the building. The jury found that Cruz evinced a depraved indifference to human life, and reckless engaged in conduct which created a grave risk of death to the tenant who Cruz knew lived above the bodega.

During the trial prosecutors argued that Cruz had become angry when fire inspectors had ordered electricity be cut off to the building to unsafe conditions. A witness testified that she saw Cruz exit his store at about 10:50 PM, immediately before seeing an explosion and flames emanating from the building. Cruz had a tenant who occupied the floor above the bodega. At the trial prosecutors argued that Cruz was experiencing severe financial difficulties and had recently procured a new fire insurance policy. Prosecutors argued that Cruz started the fire by spilling gasoline in the building and setting it ablaze.

Cruz was remanded to the Orange County Jail without bail following the verdict. He is scheduled to be sentenced on December 10, 2018 and faces up to twenty-five years in state prison for the crime of Arson in the Second Degree.

District Attorney Hoovler thanked the City of Newburgh Police Department for their investigation and arrest of Cruz.

District Attorney Hoovler also thanked the City of Newburgh Fire Department, not only for responding to the fire but for aiding in the investigation and prosecution of the case, and also thanked the Westchester County Police Department, whose arson canine “Daisy”, was used in the investigation.

District Attorney Hoovler thanked the City of Peekskill Police Department, the Hudson Valley Crime Analysis Center and the New York State Department of Financial Services for their assistance in the investigation and prosecution of the case. District Attorney Hoovler also thanked the Federal Bureau of Investigation for their analysis of cellular telephone records and data, and for presenting their findings at the trial.

“Arson, particularly when it occurs in a densely populated urban area, and when the arsonist knows that the building is occupied, is an incredibly dangerous crime,” said District Attorney Hoovler. “I am thankful that neither the tenant of the building, nor the brave firefighters who responded to the fire, nor others in the vicinity, were injured by this defendant’s actions. To endanger the lives of others, whether for spite or for financial reward, is something that cannot be tolerated. We will be recommending that this defendant be sentenced to the maximum prison sentence allowed under the law. Every day in our county, firefighters, both volunteer and professional, risk their lives to keep us safe. Arson needlessly adds to the dangers they have bravely agreed to accept to protect us. I am grateful to all the law enforcement and fire agencies that assisted my office in the prosecution of this case, including: the City of Newburgh Police Department, the City of Newburgh Fire Department, the Westchester County Police Department, the City of Peekskill Police Department, the New York State Department of Financial Services, and the Federal Bureau of Investigation. It is only through the coordinated efforts of law enforcement and firefighting agencies that arsonists can be brought to justice.”

District Attorney Hoovler highly commended Assistant District Attorney Michael Purcell and Assistant District Attorney Matthew Ross who prosecuted the case.

A criminal charge is merely an allegation that a defendant has committed a violation of the criminal law, and it is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the State of New York’s burden to prove guilt beyond a reasonable doubt.