A federal grand jury has indicted a man in connection with a 2013 fire in upstate New York that killed a 33-year-old father and his three young children, nine years after authorities had said there was “significant evidence” of his involvement in the arson.
Edward Leon, 52, was charged with malicious use of fire to destroy property resulting in death, a crime that carries the possibility of the death penalty. He pleaded not guilty during a hearing in federal court in Albany on Thursday, two days after the grand jury indicted him. Records of the case were unsealed Thursday.
The fire on May 2, 2013, in Schenectady, killed David Terry, 3-year-old Layah Terry, 2-year-old Michael Terry, and 11-month-old Donavan Duell. Another child, Sa’fyre Terry, who was 5 at the time, was seriously injured. Investigators said gasoline was used to start the blaze.
It was not clear why Leon was charged so many years after the fire. His lawyer, Kevin Luibrand, did not immediately return phone and email messages Friday. Schenectady police and the U.S. attorney’s office did not respond to questions about the investigation.
In 2016, Leon was sentenced to 10 years in prison for lying to a grand jury about his actions and whereabouts on the night of the fire. He was released in 2022, federal prison records show. Several other people were sentenced to prison for lying under oath before a grand jury, including the mother of the children who died.
In a 2016 court document, a federal prosecutor said there was “significant evidence” of Leon’s involvement in the deadly fire. Leon was upset that David Terry planned to marry Leon’s ex-girlfriend, according to the document, and had sent Terry threatening text messages including “you’re not going to make it to your wedding day,” “die, Dave, die,” and “you’re a dead man walking.”
Also, around the time of the fire, Leon was near the home because he planned to confront Terry, prosecutors said. But he said he left the scene when he noticed a fire at the home — worrying that people would blame him — and did not report the fire to authorities, according to prosecutors.
And shortly after the fire, police had zeroed in on another man who they believed started it. The man, Robert Butler, was charged with the same crime that Leon is now charged with, but federal prosecutors dropped the case in 2014. Officials said further investigation was needed about the possible involvement of others, and there were issues with eyewitnesses.
The Times Union of Albany reported that it obtained street camera video footage in 2014 that showed Leon’s van entering the neighborhood in the early morning, minutes before the fire began. The newspaper also reported that Butler’s public defender showed authorities video footage at the time, and officials responded that it could have been a coincidence that Leon was near the home.
In a 2014 interview with The Times Union, Leon acknowledged he went to the house that night.
“I was in Schenectady … to try to meet this guy and confront him face-to-face,” Leon told the newspaper. “Now they’re at the point of trying to pin something on somebody. … I haven’t hid for one minute from it and I ain’t going to now. I got five kids and four grandkids to take care of; they’re what it’s about to me.”
A court hearing on Leon’s detention and possible bail was set for next Wednesday.