Charges Dropped Against 2 Men in Arson Fire That Left 10 Dead

Murder charges have been dropped against two 18th Street gang members who were accused of killing three women--two of them pregnant--and seven children in one of the worst arson fires in Los Angeles history.

The district attorney’s action means that the case, which authorities had declared solved, remains open.

Prosecutors said there was “insufficient evidence” showing that Rogelio Andrade and Allan Lobos ignited the fire, which tore through a tenement on Burlington Avenue west of downtown, injuring about 40 people.

Andrade and Lobos were arrested in November 1998. Charges against them actually were dropped in September, court records show.

“It wasn’t clear these were the right guys,” said Deputy Dist. Atty. Joseph Esposito, who was prosecuting the case. “No one is thrilled with the idea [of dropping the charges], but we don’t want to prosecute innocent people.”

Esposito said information from witnesses, which prompted the arrests, did not hold up after subsequent investigation.

Lt. Gary Lynch of the LAPD’s criminal conspiracy section said a task force made up of LAPD detectives, Fire Department arson investigators and federal Bureau of Alcohol, Tobacco and Firearms agents remains assigned full time to the Burlington fire case.

“We’re continuing the investigation. We’ve committed a lot of resources to this case,” Lynch said.

The lieutenant, however, declined to comment on the investigation’s status. He refused to say whether Andrade and Lobos remain suspects.

Investigators believe that the fire was started to intimidate an apartment manager who had tried to drive drug dealers off her property. Officials suspect that gang members were responsible.

Attorney Anthony W. Rayburn, who represented Andrade, said he was not surprised that charges were dismissed but credited the prosecutor with making the right decision.

“It’s not easy dropping a 12-count murder case,” he said.

Rayburn said he believes that investigators have more credible evidence pointing to other suspects and that other arrests might be pending.

The attorney said his client “is not happy” about being arrested and spending nearly a year in custody before the charges were dropped.

“He’s pleased with the results . . . but he paid a tremendous cost for being at the wrong place at the wrong time,” Rayburn said.

According to the attorney, investigators have videotape from news coverage of the fire showing Andrade at the scene. Rayburn said his client was only a bystander.

Andrade, who was set free, could not be reached for comment. Lobos, authorities said, remains in state prison serving time for an unrelated murder.

The arson was a particularly emotional case for many investigators, in part because many of the victims were under age 11. One arson investigator choked back tears two years ago during the news conference announcing the arrests.

The 1993 fire exposed the substandard conditions of many buildings crammed with immigrant families in the Westlake-Pico Union neighborhood. A Times investigation revealed that the Fire Department inspected the area infrequently and haphazardly. Fire officials failed to follow procedures in forcing the building owner to repair violations that officials said contributed to the 10 deaths.

As a result of the blaze, the Fire Department implemented a computerized system to help track building inspections. An inspector immediately was added to the neighborhood’s Station 11.

Investigators have asked that anyone with information about the fire call LAPD Det. Olivia Van Der Zanden at (213) 485-3654.

Times staff writer Robert J. Lopez contributed to this story.