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Jury Deliberating McDonald's Fire Case
Davis Testifies Against Co-Defendants
HOUSTON, Updated 4:27 p.m. CDT September 1, 2000 -- Jury members were handed the case of three teens accused of starting a restaurant fire that killed two Houston firefighters Friday afternoon.

Allen Jerome Davis and Juan M. Torres, both 17, and Pedro Isreal Loredo, 19, have each been charged with one count of felony murder and one count of arson.

They are accused of starting a fire at a southwest Houston McDonald's restaurant Feb. 14 to cover up their robbery of the business. Firefighters Kimberly Ann Smith, 30, and Lewis Evans Mayo III, 44, were killed while trying to extinguish the blaze.

The case was turned over to the jury, who began asking for specific pieces of evidence. A decision is not expected to come until next week.

News2Houston reports that on Thursday Davis testified that co-defendant, Torres, started the blaze because he didn't want to have to report for work later that day.

Davis testified that he merely supplied the strength to try to force open a locked safe in the restaurant's office.

Davis said that Loredo organized the burglary and Torres, who worked at the restaurant, tried to open the safe with welding torches and eventually started the fire with a lighter.

Davis said that the three got angry after they broke the first lock to get to the safe door, found another locked safe and realized they wouldn't be able to steal the estimated $18,000 in weekend receipts.

"I got ready to go. I turn around and see a backpack on fire, hanging on a screw on the wall,'' Davis told the jury of six men and six women. "I see Juan lighting paper inside the cabinet with a lighter. He was standing by the safe and reached up to light the paper and it started a chain reaction.''

The three left the restaurant by 4:15 a.m. The fire was reported about 4:30 a.m. Mayo and Smith were killed when the ceiling collapsed on them.

Davis testified that he had nothing to do with getting the torches.

On cross-examination, prosecutor Steve Baldassano pointed out to Davis that he carried the backpack that contained the torches and asked him why he didn't stop Torres.

"I told him earlier not to do it and it didn't stop him,'' Davis said. "He wasn't going to listen to me. I wasn't kin to him.''

Two other people also are charged in the case.

Charged with burglary in connection with the fire are Edson Garza Orozco, 16, a night manager at the restaurant who was certified to stand trial as an adult, and Jorge Correa, 23.

According to court papers and pretrial testimony, Orozco allegedly provided the burglars access to the business by giving them his keys. Authorities say that Correa helped plan the burglary but wasn't present when it happened.

Orozco has agreed to plead guilty after the trial of Davis, Loredo and Torres. Prosecutors have declined to comment on the details of his deal. Correa's case is still pending.

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Copyright 2000 by Click2Houston.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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