Store manager charged with arson in fatal blaze

MEMPHIS, Tenn. -- A Family Dollar manager was charged Tuesday with setting the fire at his discount store that killed two Memphis firefighters.

Anthony Paul Shaw, 21, of Memphis is accused of starting the fire in an attempt to cover up a theft of several thousand dollars. If convicted as charged, he would faces life in prison or death.

The U.S. attorney general will determine if prosecutors seek the death penalty, said U.S. Attorney Terrell Harris.

The International Association of Fire Fighters asked the Justice Department to seek the death penalty.

In an initial court appearance Tuesday before U.S. Magistrate James Allen, Shaw said he understood the charges against him and intends to hire his own lawyer, rather than having one appointed by the court.

Shaw spoke almost in whispers in brief responses to the magistrate's questions.

Allen scheduled a hearing for Thursday at which the government must show probable cause for charging Shaw with setting a fire that killed an on-duty public safety officer.

Shaw will remain in custody until bail is discussed at Thursday's hearing. The government is opposed to setting bond.

Collapsing roof

Fire Lt. Trent Kirk and Pvt. Charles Zachary, both 39, died when the roof of the store collapsed as they braved flames and smoke to make sure no one was trapped inside.

The store had been closed about an hour before the blaze began, but authorities said the initial fire report indicated someone was still in the building.

Firefighters rushed into the building because of that report.

"When they got the report that someone was in the store, what else could a firefighter do," said Jim Cavanaugh, special agent in charge of Tennessee operations for the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Authorities refused to say who reported the fire, but Harris said the person seen in the building was believed to be Shaw.

Harris said authorities could not discuss specifics of their investigation.

An affidavit filed by ATF agent Brian Weaks said Shaw was interviewed the night of the fire. Shaw said he had put the day's financial receipts in a store safe.

"When the safe was recovered after the fire, the safe door was open and there was no money inside other than a few pennies, nor was there any debris consistent with burned paper money," Weaks said.

After more questioning, Shaw "stated that he set the fire ... stole money from the store, locked the front door and left," the affidavit said.

Memphis Fire Services Director Chester Anderson said the families of the dead firefighters were told Tuesday morning that investigators believe the fire was intentionally set.

"They took it as well as possible," Anderson said.

Kirk, a father of two children, was an 11-year fire department veteran while Zachary, also the father of two, had been with the department for 19 years.

Anderson said several firefighters were in the store when the roof began to collapse but most escaped. It took a rescue team 15 minutes to get Zachary out.

Kirk's body was not removed for several hours. Firefighters had to cut a hole in a concrete wall to get to him.

Zachary and Kirk were the first Memphis firefighters to die on duty since March 2000, when two firefighters and a sheriff's deputy were shot to death as they responded to a residential fire.

An off-duty firefighter was charged with firing on emergency workers after killing his wife and setting their house on fire. He is still awaiting trial.

Family Dollar has more than 4,800 stores in 43 states. The Charlotte, N.C.-based chain features basic family and home goods marketed to low and middle income consumers.

Shaw, an assistant manager of the store, was filling in as temporary manager while Family Dollar sought a full-time replacement for a former manager, said company spokesman George Mahoney.

"We are cooperating fully with authorities, who apparently are moving quickly on the investigation," Mahoney said.