James Kurtenbach, 49, a prominent San Diego businessman, has been charged with murder, arson, conspiracy to commit arson, presenting a false insurance claim, and vandalism.
The story is fit for a movie - Kurtenbach is said to have hired one of his employees to burn down his rental property after not being able to sell it. He appeared to be in severe financial straights, according the prosecution, and owed about $3 million dollars in unpaid taxes on a gas station he owned at the time of the fire in 2008.
Tragically, the scheme sparked a major explosion that resulted in the death of the employee Kurtenbach hired to commit the arson. Twenty-four-year-old Joseph Nesheiwat was found in the back yard of the burned out house after dying of smoke inhalation and massive burns. Because of Nesheiwat's death, Kurtenbach has been charged with second-degree murder, which carries of sentence of 15 years to life. While Kurtenbach may not have intended for Nesheiwat to die, his utter lack of concern for the victim's safety has made the murder charge possible.
The defense argued that none of the acts of the client rise to the level of "implied malice" necessary for a second-degree murder charge, and that the charges should be dropped.
The judge refused to drop the murder count, however, ruling that merely telling his young employee to go into 3,500 square foot home and light a match was enough to satisfy the law. Jury selection in the case started on Monday, October 4, and whether or not Mr. Kurtenbach will be found guilty of the charges and sent to prison is now a matter for the jury to decide.
