Bail set at $1 million for Tumwater man accused of arson, murder in July
A 27-year-old Tumwater man accused of first-degree arson and murder is being held at Thurston County jail in lieu of $1 million bail.
Jaime Montalvo Martinez made his preliminary appearance in court Wednesday after deputies arrested him Tuesday. His arrest came after a months long investigation into the mobile home fire and death of Gabriel Ayala, his 58-year-old step-father.
Judge John Skinder found probable cause for the allegations and barred Montalvo Martinez from contacting his stepfamily and a woman who lived at the home at the time of the fire.
Public defense attorney Danielle Walker requested the court set a more modest $5,000 bail because Montalvo Martinez lacks financial resources. His mother and widow to Ayala said she would support her son if released.
“If bail is set, frankly, at more than $5,000, this is tantamount to no bail,” Walker said. “Mr. Montalvo Martinez will be held in custody and very difficult to help in his defense while this case is pending. Additionally, there are no trials right now, he could be held for an indefinite period of time.”
Skinder said he set bail at $1 million because he felt concerned Montalvo Martinez may not appear at his next hearing and interfere with the administration of justice.
The affidavit of probable cause document describes law enforcement’s reconstruction of the incident. In it, Montalvo Martinez is said to have been transient and suffering from substance abuse issues.
On the day of the fire, July 25, police contacted Montalvo Martinez at a Lacey Fred Meyer store where he reportedly was acting oddly and told people that strangers were following him, according to the court document.
Lacey police arranged for his mother to pick him up and she later took him to Ayala, the document read. His mother and stepfather were not living together at the time, but Ayala took him back to his Rainier home.
The woman who lived at the residence with Ayala reportedly witnessed Ayala lecture Montalvo Martinez about how he must do better with his life, according to the document. The conversation lasted past 10 p.m. when the woman went to bed.
Thurston County Dispatch received a call from a neighbor about the home being on fire at about 12:30 a.m. Montalvo Martinez told investigators he awoke to smoke and saw the flames before breaking a window to escape, the document read. He also told them he helped the woman exit through a window. Ayala was still inside.
Investigators determined Montalvo Martinez was in the home when the fire started, according to the document. They also noted Montalvo Martinez wore shoes and had bloody hands when they contacted him outside.
After the fire, Montalvo Martinez reportedly went to his mother’s apartment and washed his clothing. Investigators collected his clothing as evidence and lab tests found gasoline on them, the document read.
Lab tests also found gasoline on Ayala. However, an autopsy determined he died from smoke inhalation.
The woman reportedly told investigators she awoke to smoke and flames, but Montalvo Martinez did not help her exit the home as he stated.
She also told investigators that Montalvo Martinez acted strangely that day and she saw him pace about with an axe, the document read. She added she saw Montalvo Martinez carrying a machete when she exited the home.
Lab tests found no human DNA on the axe and a machete was never found, according to the document.
A K9 trained to detect accelerants alerted investigators at several points throughout the home including at the remains of a plastic fuel can on the back porch, the document read.
The woman told investigators Ayala planned to mow the lawn and placed the can on the front porch, the document read. Investigators are unclear as to how the can moved from the front porch to the back porch.
Montalvo Martinez is due back in court for his arraignment on Dec. 29.
This story was originally published December 18, 2020 at 5:45 AM.
