Schenectady, N.Y. — A Fultonville man was charged Tuesday with a 2013 arson that killed a father, three young children and injured a fourth child.
The father was in a relationship with the girlfriend of the man now charged with his death, federal prosecutors have said.
Edward Leon, 53, was indicted in federal court with lighting a rental property at 438 Hulett Street in Schenectady on fire causing the death of four people on May 2, 2013, according to a news release from federal prosecutors.
The fire killed David Terry and three of his children, including 2-year-old Michael Terry, 3-year-old Layah Terry and 11-month-old Donovan Duell. The fire also seriously injured a fourth child.
Leon sent threatening messages to David Terry days before the fire. He was upset that his girlfriend of four years was planning to marry Terry, federal prosecutors have said. On the day of the fire, Leon went to Terry’s home to confront him.
In 2016, Leon was convicted of making false statements to a federal grand jury regarding the 2013 arson, according to a 2016 news release from federal prosecutors.
He lied about his whereabouts at the time of the fire, telling a grand jury that he was not in Schenectady. He also denied sending threatening messages to David Terry between April 25 and 29, 2013, federal prosecutors said.
Evidence in his perjury trial showed he sent anonymous messages to Terry, including “you’re not going to make it to your wedding day,” and “die, Dave, die.”
Leon went to confront Terry on May 2, 2013, after the messages did not deter the relationship between Terry and Leon’s girlfriend, federal prosecutors have said.
When his lies were uncovered, Leon said that he saw a small porch fire at the home when he came to confront Terry, federal prosecutors said. He said that he left without alerting anyone so he would not be suspected of starting the fire, they said.
In a sentencing memorandum from the 2016 conviction, federal prosecutors said there is “significant evidence” Leon was involved in another arson.
On March 17, 2013, the apartment he had shared with his girlfriend and her children in St. Johnsville was destroyed by a fire, according to the memorandum. The fire was initially ruled accidental but was later considered suspicious.
Leon had been overheard threatening to burn down the apartment with his girlfriend and her kids in it if she ever left him, according to the memorandum. The day of the fire, he helped the woman and her children escape.
Federal prosecutors also noted in the memorandum that there was “significant evidence” he was involved in the fatal arson in Schenectady, including the threatening messages and his plan to confront Terry.
He was sentenced to 10 years in prison for the perjury. He was released in 2022, according to federal court documents.
At the time of his sentencing, federal investigators confirmed the homicide was still under investigation, according to a news release.
Over a decade later, Leon is charged with starting the fatal fire.
Leon was arraigned Thursday. He is charged with malicious use of fire to destroy property resulting in death, federal prosecutors said.
If convicted, he could face life in prison or the death penalty, federal prosecutors said.
Leon’s attorney, Kevin Luibrand, was not immediately available for comment.
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