LAKEWOOD, Colo. (KDVR) — Two boys not old enough to get a driver’s permit now face two charges of first-degree murder and arson in a fire that killed a mother and her young daughter on Oct. 31.
Both suspects appeared for their first court hearing Monday afternoon from a WebEx virtual link at the Jefferson County courthouse, where their ages were revealed as 12 and 14. The two were arrested on Sunday.
Because of the ages of the juvenile suspects, their names cannot be released under Colorado law. A defense motion to close the court hearing to the media was denied.
Video evidence shown in Lakewood apartment fire
During the hearing, prosecutors revealed the boys had been living illegally at the Tiffany Square apartments in unit No. 50 when they were kicked out, then they allegedly came back to the complex at 935 Sheridan Blvd. for revenge on the morning of Oct. 31.
Investigators said they have surveillance video that shows the two boys setting the complex on fire with a Molotov cocktail or similar device and then walking away. The video then allegedly shows the two boys coming back and doing something to make the fire even bigger.
During the hearing, prosecutors also revealed the 12-year-old suspect already had a warrant out of Denver on counts of felony menacing and assault.
Prosecutors shared the 14-year-old juvenile has a history of weapon use and severe substance abuse. The teenager has allegedly admitted to being a gang member, who has possessed a handgun, uses marijuana daily and has also abused methamphetamine and fentanyl.
His mother told the judge that he ran away from home on Aug. 8. She claimed to have reached out to the school district for help but said she wasn’t able to get assistance to address her son’s delinquent behavior.
The 14-year-old’s mother said she had not been in touch with her son for months when Lakewood Police informed her that he was the suspect in a deadly arson.
Tiffany Square apartment fire displaces entire complex
The victims who died have been identified as Kathleen Payton, 31, and her 10-year-old daughter, Jazmine Payton-Aguayo.
At least 14 units suffered fire damage, and every resident of the 32-unit building has been displaced. Ten people were injured in the fire. Seven were treated and released, including a firefighter who suffered smoke inhalation. Three additional victims were transported to the hospital.
Both juveniles are due back in court Thursday afternoon.
The district attorney is expected to announce official charges Thursday morning and whether it intends to charge the boys as adults. In Colorado, juveniles convicted of first-degree murder cannot be kept in the Division of Youth Services for more than seven years.