METH LAB FIRES SPUR CHANGE IN ARSON LAW

In March 2001, Del City firefighters responded to a house engulfed in
flames. Investigators later found that the fire that destroyed the house
started while the man was cooking methamphetamine, Del City Fire Marshal
Jim Hock said. Although the man was engaged in illegal activity, his
insurance company paid to rebuild the house.

"I couldn't show intent," he said. "It wasn't arson."

After the department responded to two more meth fires that month, Hock and
the fire chief approached Rep. Kevin Calvey, R-Del City, for help. The
result was a law change in November.

Now, more prosecutors have begun to use the law in filing first-degree
arson charges against people starting fires while cooking methamphetamine.
That has meant longer jail times for drug offenders and prevented them from
making accident claims on their insurance.

The law was used in September when Garfield County Assistant District
Attorney Mike Fields filed first-degree arson charges against Joe Lee
Campbell Jr., 34.

Under the Truth in Sentencing Law, those convicted of violent crimes like
first-degree arson must serve at least 85 percent of their sentence. That
isn't the case with other drug-related charges, Fields said.

"Their sentences are frequently paroled or commuted," he said.

The punishment for first-degree arson is a fine of up to $20,000 or not
more than 25 years in prison.

Campbell's case is the second filed in Garfield County since the law
change. The first case was dismissed because of a problem with the warrant.

Co-authors said they have not heard of many prosecutors using the law yet.

"If they're cooking drugs and set something on fire, they shouldn't be able
to come back later and claim it was an accident," Calvey said. "It's
dangerous. They should know that. They shouldn't be able to profit from
criminal acts."

Rep. Ron Peters, R-Tulsa, the bill's principal author, said not changing
the law would have been foolish.

"Under the old law, the insurance company had no choice but to declare it
an accident and pay off on it," Peters said.

According to the affidavit filed in Campbell's case, his girlfriend was
asleep in the house May 24 when the fire in the bathroom started. Campbell
told police that he bumped into the hot water heater and a fire started.
Officers found nothing wrong with the tank but did find evidence that
Campbell had been cooking methamphetamine.

Campbell also faces several other drug charges including possession of
precursors with intent to manufacture and possession of methamphetamine
with the intent to distribute. His preliminary hearing on those charges is
Oct. 24 and he probably will make his first appearance on the arson charge
then, Fields said.