Murder Charges Dropped in Arson Case

Murder charges against gas station owner James Kurtenback, were dismissed by the District Attorney’s office on Wednesday.  The decision was announced at a hearing in front of El Cajon Superior Court Judge Herbert Exarhos; however, the DA’s Office made no elaboration on why the charges were dismissed.

According to Sign On San Diego News, Kurtenback had been convicted of arson and insurance fraud earlier this month for his role in a fire set to his luxury home to collect $915,000 in insurance proceeds. Unfortunately, it also claimed the life of one of his long time employees who was also involved in the scheme.

“A jury on Oct. 12 convicted Kurtenbach, 49, of arson, conspiracy and insurance fraud stemming from an Oct. 31, 2008, fire that destroyed his luxury home on Mount Woodson Drive. Killed in the fire was 24-year-old Joseph Nesheiwat, an employee of the gas station Kurtenbach owns on Main Street in Ramona.”

The prosecution argued that Kurtenback had drenched his home in gasoline and then dispatched Nesheiwat a few days later to set the house ablaze knowing that the explosive gasoline fumes could cause endangerment or death to his co-conspirator.  Even after the testimony of John Nesheiwat, brother of the deceased employee who was also involved in the scheme, the jury was deadlocked 7/5 in favor of a murder conviction leading to a mistrial.  

Although Kurtenback no longer faces a life sentence for second-degree murder charge, he does face a maximum of 16 years and four months behind bars for his arson and insurance fraud convictions.