United States Department of Justice

“ Failure to identify an accelerant in any sample of fire debris should not be interpreted to mean that an accelerant could not have been present. It means only that, none could be recovered from that particular debris. ”

“ Although incapable of identifying a particular flammable liquid, the dog is much more sensitive than commonly used electronic equipment and can often alert on samples containing minute quantities of flammables, that cannot be detected by the gas chromatographic instrument.
FORENSIC LABORATORY FINDINGS Approximately one hundred samples of fire debris and clothing were submitted for scientific analysis. These items had been alerted on by the canine prior to submission for identification. Many could not be identified by scientific means. ”

“ Building construction: This building, as mentioned above, was very poorly constructed with no apparent consideration to fire safety. Although constructed in a rural area and possibly not legally bound to fire code restrictions, this building appears to have been built with a total disregard to any reasonable concern for fire prevention, especially considering it's intended use as living quarters for numerous people. Wind: The spread of any fire is naturally affected by the wind. ”

“ However, another factor to consider is that the allowance of additional fresh air into the building, while fanning the flames, would have also lowered the concentration of carbon monoxide thus allowing a greater amount of "breathable" air and increasing the amount of time a person might have survived if trapped inside. Contents within the building: One aspect of particular concern, somewhat unique to this fire scene, is the unusual amount of highly combustible products stored inside the building, such as bailed hay, large quantities of paper products and other flammables. ”

“ This search was conducted in a small empty building that would later be used for fuming items for possible fingerprints. The first search was conducted using six (6) gallon cans containing items of clothing and two (2) gallon cans containing a cloth sample known not to contain an accelerant. I calibrated Onyx using one drop of 50% evaporated gasoline prepared by the Allegheny County (PA) Crime Lab. Onyx and I then conducted this search at 1815 hours. She did alert to three (3) cans containing items of clothing. These three (3) cans were set aside for another search. ”

“ Fire debris: A43: DPS 926 Item (53) : Partial concrete block: A44 1/2: DPS 922 Item (54) : Partial concrete block: A44 2/2: DPS 923 At this time Onyx was given a break and placed in the van. Also, an alert on Saturday was to a cloth glove that was located in a small block building a the base of the water tower. This item was collected at this time:
Item (55) : Glove: A30: DPS 929 Around 1730 hours a team collecting munitions requested that Onyx conduct a search of clothing found in the small block building at the base on the water tower. John Kaus acclimated her to the area and calibrated her. ”

“ Gasoline is a Class 2 petroleum distillate.
- Data analyses establishes that DPS Samples 0037 (left sleeve) , 0037 (right sleeve) , 0189 (shirt) , 0189 (shirt) , 0189 (pants) , 0932 and 0936 contained a midrange petroleum distillate known as a deparaffinated kerosene. This range of petroleum distillate can be found as a solvent but is more commonly available as a fuel in some charcoal starters. This type of product is a Class 0 petroleum distillate. ”

“ BUILDING DESCRIPTION The involved structure was a multi-storied, wood framed building in an irregular shape with a ground floor area of approximately 12,500 square feet. Contained within the buildinq on the ground floor were the men's living quarters, a kitchen an"i dining room with adjacent food storage area, several utility rooms, a chapel, and a gymnasium. ”

“ Furthermore, if the prosecution establishes that a person intentionally causes the death of an individual in the course ot committing or attempting to commit Arson, the person may be trie,j for Capital Murder as defined under Title 5, Section 19.03 T.P.C. punishable by life imprisonment or death. ”

“ DPS Label - Camo shirt, Wallace Higgins, FBI (1441) Batch #2- Dog Tag - Onyx's Nose - LA 4140 6:15PM 4-23-93 #1 Zip Lock Bag (Split) - contained 1 glass case, 1 pair glasses - Optical Dispensary, Waco, TX 3 rounds of ammo - 9mm. Luge FC hollow point; 9mm WCC88 - solid; rifle cart. C077 Zip Lock Bag - WAC MUR Mt. Carmel, 1 camo jacket w/loose rounds in pocket ZL 4/21/93 Can - WAC MUR Mt. Carmel 1 camo jacket w/loose rounds in pocket 4/21/93 Ex 5 (ii) .APPENDIX Laboratory Report 93FRI212 Sample Descriptions (continued) Collection Lab
DPS Number
Date
Sample No. ”