The nurse who confessed could lose her license
By Robert Crowe, Todd Ackerman & Dale Lezon
The Houston Chronicle
Copyright 2007 The Houston Chronicle Publishing Company
All Rights Reserved
HOUSTON — Investigators were quick to suspect arson in the North Loop office building fire that killed three people last month. They thought they knew when, where and how it started.
But authorities did not have a suspect or motive until Saturday, when, they say, a nurse confessed to setting the March 28 fire because she had not completed paperwork on time.
Misty Ann Weaver, a 33-year-old licensed vocational nurse for plastic surgeon Dr. Robert Capriotti, remains in the Harris County Jail on $330,000 bail on three charges of murder and one charge of arson.
Meanwhile, the Texas Board of Nurse Examiners said Monday that it is investigating whether to suspend Weaver’s license.
She is scheduled to appear in court today on the fire-related charges.
“I think it was a relief for her to confess,” said chief arson investigator Roy Paul of the Houston Fire Department. “I don’t think it ever really occurred to her that (the fire) could get out of control. She thought firefighters would put out the fire, it would mess up records and that way it would postpone” her deadline.
Break in the probe
Weaver’s alleged confession, 10 days after the fire at 9343 North Loop East killed three office workers, followed an investigation by local and federal arson experts, who combed through tons of debris and questioned dozens of witnesses.
“This investigation could have taken months ... but we had so many people who were able to focus in so many different areas,” said Franceska Perot, spokeswoman for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
The ATF brought in a 20-member team of agents from across the country to investigate evidence and question witnesses, including Weaver. Investigators got a break Saturday when Weaver told Houston investigators a different story than the one she relayed to ATF agents.
Initially, Weaver said she left the building about 5 p.m. and went home. On Saturday, however, “she made a statement that she forgot a cell phone and had to go back up” to the office, Paul said.
“So we had one statement where said she left and went home,” he said. “And we had another one where she told us she came back to the building afterward.”
When confronted with the discrepancies, Weaver said she did not initially tell investigators that she returned to the building because she worried they might think she set the fire.
“She’s probably right,” he said. “We would have thought right away that she set the fire.”
Seeing the `little things’
Despite Weaver’s explanation, investigators continued questioning her because, Paul said, her statements suggested that she believed the fire was set intentionally.
“Why not just think it was an accidental fire?” Paul said. “As an investigator, those are the little things you look for.”
After more questions, Paul said, “I think she just broke down.”
Tony Diggs, director of enforcement for the Nurse Examiners, said that board’s investigation of Weaver’s license is a high priority.
“She’ll get due process, but this is a Priority 1 investigation,” he said.
“Because she allegedly killed people and could post bail and go back to work, the investigation could result in an emergency suspension.”
Nurse not previously cited
Diggs said Weaver could surrender her license and pre-empt any disciplinary action. She had not previously been investigated by the board.
Fire investigators alleged that Weaver started a fire in the southwest part of the office building, but they would not discuss in detail how or where it was set.
Paul said there is no reason now to believe she may have started the fire for any reason other than to cover up the missed deadline.
“When she told us how it happened,” Paul said, “that matched our findings.”