2 Firefighters Identified as Malibu Blaze Suspects : Arson: Both have denied wrongdoing, and the father of one of them calls the case ‘Kafkaesque.’ Prosecutors remain unsure about pressing criminal charges.

Two Los Angeles-area firefighters have been identified by law enforcement authorities as the principal suspects in last year’s devastating Malibu arson fire, but prosecutors have yet to decide whether to bring criminal charges against them.

One of the suspects, Steven R. Shelp, 29, is a Los Angeles City firefighter who recently graduated from the Fire Department academy. The other, Nicholas A. Durepo, 24, was hired as a volunteer firefighter in Manhattan Beach last November.

Both men have denied any wrongdoing in the blaze, which left three people dead, caused more than $375 million in damage and took thousands of firefighters more than four days to bring under control. Neither Durepo nor Shelp could be reached for comment Wednesday.

Witnesses had spotted Shelp and Durepo in a blue pickup truck only yards away from the first flames of the Nov. 2 fire, which erupted in the hills along Old Topanga Canyon Road. From the start, the two men have contended that they were simply driving by when they saw the blaze and jumped from the truck to put it out with a garden hose.

But investigators for the Sheriff’s Department believe they have a strong circumstantial case against the two men. Although they presented their case to the Los Angeles County district attorney’s office months ago, prosecutors are continuing to investigate. A grand jury has been collecting evidence in the case. Shelp and Durepo are scheduled to appear later this month.

“This is an innocent young man and lives are absolutely being torn up over this,” said Steve Shelp’s father, Jack Shelp. “This kid hasn’t had a traffic ticket in eight years, and he doesn’t deserve anything like this.”

Said one friend of Durepo: “He’s a nice all-American guy. He wanted nothing more than to be a firefighter.”

But authorities say that, among other things, Shelp and Durepo made inconsistent statements about their behavior during the period in question. At one point, Shelp allegedly was overheard telling Durepo: “Don’t sweat this, I won’t give you up.” Both men also failed polygraph tests, which are considered unreliable gauges of truthfulness and usually are inadmissible in court.

Investigators are operating under the belief that Durepo and Shelp started the fire so they could put it out and be hailed as heroes.

“It’s one of those situations where everything is so damn suspicious, and they have the motive,” said one source. “Their story just does not add up. What kind of coincidence is it that you are trying to be firefighters and just happen to see a fire and happen to have a hose to put it out with?”

At the time of the Malibu fire--one of several that raged out of control throughout Southern California last fall--Shelp had just been certified as eligible for hiring by the Los Angeles City Fire Department and was awaiting assignment to its academy. After graduating from a 15-week class that began on Jan. 3, he was made a firefighter--despite the fact that department officials had been warned he was a suspect.

Los Angeles Fire Chief Donald O. Manning, who was told by sheriff’s detectives in early January that Shelp was being investigated, was instructed not to say anything for fear of jeopardizing the investigation, said Battalion Chief Roger Gillis, a department spokesman.

“He was informed at that time that one of his firefighters was under investigation regarding the Malibu fire,” Gillis said.

Gillis said investigators told Manning that they were going to take the case to a grand jury, which led the chief to believe that an arrest was imminent. But when nothing happened, Manning assumed that the case had been dropped and he did not inquire further.

“His gut feeling was that they didn’t have enough information and that it was a done deal,” Gillis said, explaining why the chief did not conduct his own internal investigation.

Gillis said Shelp will be transferred today from active firefighting to administrative duties while the case proceeds. That move was prompted by inquiries Wednesday from The Times and NBC News about the case, officials said.

“Obviously, he will be under extreme stress when this becomes public knowledge,” Gillis said. “He’s being taken off now because he’s carrying a hell of a burden on him, and his fellow firefighters might ostracize him.”

Shaken by news of the investigation, Fire Department leaders scrambled late Wednesday to contain the fallout. Top officials in the department notified City Hall leaders to inform them of the status of the probe and to assure them that they would investigate internally as well.

Sheriff’s Department officials declined to comment on the case in detail, confirming only that they have completed their work and have presented it to the district attorney for possible prosecution. A spokesman issued a statement briefly explaining the status of the case.

“In December, 1993, Sheriff’s Department arson and homicide investigators concluded their investigation into the devastating Topanga fire incident,” said Deputy Fidel Gonzales. “The completed investigative report was referred to the Los Angeles County district attorney’s office on Dec. 6, 1993, and included the identification of two adult male suspects believed to be responsible for the fire. The district attorney requested additional investigative work on the case by this department. That work was done by our detectives and the case was resubmitted on Jan 7, 1994. It is our understanding that at this time, the district attorney is continuing with their evaluation of this very complicated case and is carefully reviewing each of the facts presented.”

Dist. Atty. Gil Garcetti was unavailable for comment, but Sandi Gibbons, a spokeswoman for his office, said investigators were continuing the probe.

“The investigation is ongoing,” Gibbons said. “It is very active, but that is all we can say. Work is being done, people are being questioned.”

Immediately after the fire, when authorities said they were seeking two men in a blue pickup who had been seen near the fire’s origins, one of them called The Times to deny that they had done anything wrong and to provide their version of events.

The caller said he happened on the fire while driving by on his way to visit friends in the San Fernando Valley. He maintained that the two of them tried to put it out, assisting firefighters as the fire jumped Old Topanga Canyon Road and raced toward Malibu and the sea.

Although witnesses said they saw two men fleeing the scene in the pickup, Shelp and Durepo maintained during interviews with investigators that they were moving the truck farther down the road out of the fire’s path.

Several days after the fire was extinguished, homicide investigators announced that they had interviewed the two men in the pickup truck and did not consider them suspects.

Still, authorities continued to question Shelp and Durepo as the investigation went forward. People close to the two men say they have been cooperative.

“He has worked with the Sheriff’s Department from Day 1,” said Shelp’s father, a Northridge resident. “We’re absolutely sick about this. If two innocent guys can get into this Kafkaesque thing where the only thing against them is that they are firefighters, then this is just ridiculous.”

In Venice, Shelp’s friends say he insists the fire was started by a downed power line near the point of origin--a suspicion shared by at least one resident.

Robert Selman, who lives near the fire’s flashpoint, said the power failed seconds before he first saw flames. He believes the blaze may have been caused by a live wire touching a tree or tinder-dry brush.

“Do they have any evidence against these guys, or is it all circumstantial?” Selman asked. “The fire started right after the power went out, which is an amazing coincidence. And a power wire right above where the fire started is still hanging there.”

Sheriff’s officials, however, concluded shortly after the fire was extinguished that it could not have been caused by anything other than arson.

In Manhattan Beach, some officials were stunned by reports that one of their volunteers was under investigation. Durepo was hired as a part-time volunteer at the Manhattan Beach Fire Department in November, 1993, said Capt. Steven Dixon. Durepo normally works three shifts a month and was last on duty Monday, Dixon added.

According to Dixon, Durepo has never missed a shift and has not had any problems at work.

“He hasn’t missed his required assignments,” Dixon said. “And I’ve had no negative comment from any of the captains he works for.”

Manhattan Fire Chief Dennis Groat said he first learned of the investigation Monday afternoon when reporters started asking questions. Groat said he confronted Durepo with the allegations. Durepo, according to Groat, confirmed that he and his girlfriend had received grand jury subpoenas.

Friends of both men expressed disbelief that either could be implicated in the fire.

“If there is anybody on the face of the planet who is most trustworthy, it is this guy,” said Guy Okazaki, who has known Shelp for more than 20 years. “That is what is so incredible about it--he is the nicest guy. . . . There’s a lot of kids who look up to him. He is a role model. This is really a shame.”

Friends and family remain convinced that once the investigation is concluded, both men will be cleared. In the meantime, some blame overzealous investigators for targeting the wrong suspects.

“These sheriff’s guys are the biggest bunch of clowns in the world,” said Jack Shelp. “I’ve got nothing but contempt for them.”