Smith allegedly set fire to consignment store
LAX COURTHOUSE — The February fire that gutted Simply Sofas on Lincoln Boulevard was ignited by oversized water jugs filled with paper and gas, then thrown through a window, police and fire officials testified Friday.
The papers, however, were packed too tightly and didn’t fully burn. And when investigators unfolded the paper scraps, they found a collection of bills and other correspondence pointing to Anthony Wayne Smith, a former player for the NFL’s Raiders who’s being held in custody. He was charged with arson this summer for allegedly starting the fire, which caused $3.3 million in damages.
That testimony, along with other evidence presented at a preliminary hearing last week, convinced Los Angeles Superior Court Judge Katherine Mader that there’s enough evidence to proceed with Smith’s trial. Smith, 36, who is being held on $1 million bail, is expected to stand trial in February or March.
A standout defensive end for the LA and Oakland Raiders in the 1990s, Smith has been in custody since his July 15 arrest. He faces one count of arson for allegedly setting fire to Simply Sofas, a consignment furniture store in the 2300 block of Lincoln Boulevard. If convicted, he could spend more than a decade in prison.
During Friday’s preliminary hearing, Santa Monica police and fire investigators took the stand, describing in detail the fire and the ensuing search for the suspected arsonist. Smith had reportedly sold antique items on consignment at Simply Sofas until his relationship with owner Marilyn Nelson deteriorated in January over a business dispute in which Smith thought he was owed between $400 and $1,400.
During the investigation, SMPD Sgt. Robert Amada said he went to Smith’s home in Marina Del Rey, where he lives with his wife and two children. He said Smith, at first, was defensive and thought Nelson had pointed investigators in his direction. But when Amada showed Smith photocopies of the mail with his name on the envelopes that were found inside the water jugs that started the fire, Smith’s tone changed, Amada testified.
“He put his hand on the counter, dropped his head, and began to weep and sob,” Amada testified. “He said, ‘I’m sorry. I’m so sorry.’”
Despite that testimony, Michael Houchin, Smith’s lawyer, maintained his client’s innocence. He poked holes in the prosecution by questioning the investigators about other possible suspects and sources where the pieces of mail that bore Smith’s name and address could have come from.
“The defense is, Mr. Smith had nothing to do with it,” Houchin said after the trial, adding that Smith used old pieces of mail along with newspaper and other papers to package various items he brought to the store to sell. Those items may have been put into a dumpster near the window where the plastic water jugs were thrown in, Houchin said.
Also expected to be a part of Houchin’s defense is that a worker at Simply Sofas was fired just months before the fire for soliciting private interior design business while doing deliveries for the furniture shop. That worker was upset and may have had a motive to start the fire, Houchin said. What’s more, Houchin said he plans to show that several, smaller fires had been set in neighborhood dumpsters before the Simply Sofas fire.
Houchin said there also is an eyewitness who talked to a security guard on the night of the fire and told police that a “skinny” man broke the window at Simply Sofas and threw the jugs in. Smith stands 6’4” tall and weighs 320 pounds, according to sheriff’s records. Finally, Houchin said the five-gallon water jugs used to start the fire were the same kind used inside the store, but different than the 2.5-gallon jugs used at home by Smith.
“I can see why they think it’s Mr. Smith,” Houchin said after the hearing. “I can also see why the evidence points away from Mr. Smith.”
Smith, dressed in an orange prison suit and handcuffed to his seat, sat quietly next to Houchin through the proceedings. Though he didn’t speak during the trial, Smith asked the judge afterwards if his wife could bring to the jail XXXL-sized thermal underwear for him to wear. Jail workers told Smith he could only get the long underwear if a judge ordered it and the items were brought in a sealed package, Smith said.
Houchin added, “He’s freezing his fanny off” before Judge Mader agreed to assist.
Throughout the proceedings, Smith’s wife, a family friend, and a religious leader from St. Augustine’s By-the-Sea, an Episcopal church in downtown Santa Monica where the Smiths regularly attend, sat in the courtroom.
Smith’s wife declined to comment. But friends and colleagues have described Smith as a family man who regularly volunteered at area schools and youth sports organizations. They said there is no way Smith would start a fire — especially over such a small business dispute.
Earlier this year, Smith was denied a reduction of his $1 million bail, which was set high because of the millions of dollars in damages the fire caused. That bail reduction hearing was handled by his former attorney, Ted Yamamoto. About six weeks ago, Smith fired Yamamoto and hired Houchin to defend him. Yamamoto contends he was let go because Smith didn’t like his private investigator.
Houchin just finished a highly publicized case defending Angelina Rodriguez, 35, of Montebello. A jury last month recommended Rodriguez be executed for allegedly poisoning her husband to collect his $250,000 life insurance policy. Houchin was assigned that case by lottery, because he belongs to an organization of attorneys that defend death penalty cases.
Originally published in the Santa Monica Daily Press print edition on December 15, 2003. Read the original PDF.