Testimony backs up idea that fire wasn’t started accidentally

OWATONNA — Two additional investigators testified Friday that the fire that destroyed an Ellendale house in December 2011 began intentionally, likely with an accelerant.

The testimony, given in the jury trial for Mark Allan Misgen, 43, supported statements made earlier in the week from Steve Wolf, deputy state fire marshal. Misgen is accused of starting his own home on fire to collect insurance money.

One investigation was conducted by Marv Stewart, a fire investigator for Ram Mutual Insurance, and the second was conducted by private investigator Terry Duncan, who was hired independently by the Steele County Attorney’s Office in May 2013.

The fire that destroyed the house, at 403 W. Fifth Ave., was the second fire at the residence in the early morning hours of Dec. 7, 2011.

Firefighters were initially called to the house at 1:53 a.m. after receiving a report that the house was full of smoke. Misgen had reportedly just returned home.

After extinguishing a small fire they found in the kitchen, firefighters removed the stove and microwave, ventilated the house and left at about 2:45 a.m. The second fire was called in by a passerby at 3:53 a.m. who observed flames coming from the windows.

Duncan said the damage that came from the second fire could not have happened in the time frame it did if it were accidental. Both men said the two fires were unrelated.

The second fire began near the floor of the back wall of a closet that shared a wall with the kitchen. They said it could not have been a rekindling of the first fire because there was minimal damage in the kitchen.

Both Stewart and Duncan said they classified the fire as fast-moving and studied the potential use of an accelerant.

Thought they did not find traces of one in separate tests of evidence, they said that accelerants are sometimes hard to detect.

Stewart said alcohol-based products, specifically, are difficult to detect.

“It usually totally consumes itself, “ he said. He did not know what material initially ignited to start the fire.

Duncan said if an accelerant such as alcohol was used that traces of that substance could be gone within 15 minutes if burning near the origin of the fire. He noted other more common materials such as newspaper and cardboard can be used as accelerants.

For the fire to have started, someone would have needed to light it with a match or lighter. Misgen’s trial will continue Monday and possibly into Tuesday, according to Steele County District Court Judge Joseph Bueltel.

The Steele County Attorney’s Office still has a few witnesses to testify, after which the defense will present any people it chooses.

Prison inmate James Michael Johnson, who was convicted of felony identity theft in 2012 in Dakota County, is expected to take the stand on Monday. The two men were co-defendants in that case.

Misgen reportedly talked to Johnson in 2007 about how he was having financial difficulties and needed to make some quick cash. Johnson alleged Misgen asked him if he knew anything about insurance fraud and fires, according to court records.

Misgen’s wife, Sara Ellen Degen-Misgen, is also slated to testify.

Degen-Misgen on Monday pleaded guilty to issuing a dishonored check in exchange for dismissing her two charges tied to the arson case.