San Mateo County prosecutors have dropped criminal charges against Keith Tompkins, who was arrested after an August fire devastated the Spinnaker Cove condominium complex in Foster City. The decision closes the criminal case, but it does not resolve the fire’s cause or rule out possible civil claims, NBC Bay Area reported.
What the investigation did—and did not—establish
The six-alarm fire broke out Aug. 2 at the Sea Spray Lane complex. It destroyed about 50 units and displaced nearly 150 residents; four firefighters were treated for injuries, according to KRON4. Residents were evacuated safely.
Investigators focused on a propane grill on Tompkins’s balcony. District Attorney Steve Wagstaffe said Tompkins acknowledged the barbecue had been left on, but the grill was destroyed and investigators listed the fire’s cause as undetermined, ABC7 Bay Area reported. Tompkins told NBC Bay Area he did not think he had left it on and could not remember for certain.
The district attorney’s office said it could not establish intent for a fire to occur, and prosecutors concluded the available evidence did not support criminal charges. That decision addresses criminal responsibility; it does not determine whether Tompkins could be found liable in a civil case. Wagstaffe said affected residents could potentially pursue lawsuits, though it is unclear whether any have done so, NBC Bay Area reported.
The criminal decision does not settle residents’ recovery
Foster City says a Small Business Administration Disaster Loan Outreach Center at City Hall is assisting impacted residents and is scheduled to operate on weekdays through Oct. 1. The city’s staff report also cautions that a local or gubernatorial emergency declaration, by itself, does not make residents eligible for FEMA Individual Assistance. The local declaration and the availability of the loan center therefore should not be taken as confirmation that FEMA assistance is available. (City of Foster City response page; city staff report.)
Tompkins has said he is relieved prosecutors dropped the case and has denied being an arsonist, ABC7 reported. For residents displaced by the fire, questions about financial assistance and any potential civil claims remain separate from the criminal case’s conclusion.
