Opening statements were made this week in the retrial of a Durango man accused of setting fire to the chip aisle in south City Market over five years ago.
It is the third attempt to hold a trial for Bradley Clark, 52.
The first ended in a mistrial after two jurors were unable to sit for the trial’s entirety, leaving only 11 jurors.
The second, in August 2021, saw Clark convicted of second-degree arson after jurors found him guilty of intentionally setting fire to chip bags in aisle 7 of south City Market.
After serving about half his four-year prison term, the Colorado Court of Appeals reversed the conviction in 2023. The court concluded Clark’s prior arrest was improperly admitted during his 2021 trial.
Clark was arrested in 2007 on suspicion of starting a dumpster fire outside his townhouse in Durango, but was never formally charged.
That arrest was presented to jurors multiple times over the course of the previous trial, but is not allowed to be admitted as evidence this time around.
Opening statements began around 4 p.m. Monday after 12 jurors and 2 alternates were selected.
Other than the omission of certain evidence, statements closely followed those made in the 2021 trial.
The case is being prosecuted by District Attorney Sean Murray and Deputy District Attorney Vance Davis.
Prosecutors said Clark entered south City Market just before 8 p.m. on Oct. 5, 2019, intending to commit arson.
They said the surveillance tape shows him entering and exiting aisle 7 just minutes before the fire roars to life.
Speaking to jurors, the prosecution told them to “use your common sense,” rhetorically asking, “Did these chips spontaneously combust? Was it Flamin’ Hot Cheetos?”
The prosecution showed jurors a video of an experiment conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives that replicated the conditions of aisle 7 at the time of the fire.
Individuals in the video set fire to the chips on a reconstructed shelf.
Prosecutors said the bags of chips used were identical to the ones that caught fire at the store on the day of the incident.
According to prosecutors, the experiment demonstrates the speed at which the bags of chips ignite and corroborate the time stamps on the surveillance footage of Clark’s movements around the store.
The prosecution argued that evidence presented makes Clark the only logical explanation for the fire.
Defense attorney Randy Canney said Clark did not light the fire and is being tried for a crime he did not commit.
Canney said Clark was at the checkout stand minutes before the fire alarm went off, exhibiting “normal checkout behavior.”
He called attention to the numerous other individuals in the store at the time of the incident, many of whom are unidentified.
“We can’t prove to you who did this, but it was not Brad Clark,” Canney said.
Additionally, the defense questioned the legitimacy of the ATF experiment, saying it had no statistical significance.
“Just because you do something and call it an experiment doesn’t mean it’s any type of reliable science,” Canney said.
The fire resulted in more than $100,000 in damages.
Prior to his arrest in connection with the fire, Clark was an associate professor of political science at Fort Lewis College.
District Judge Suzanne Carlson is presiding over the trial in 6th Judicial District Court in La Plata County.
jbowman@durangoherald.com
