By Dan Nienaber
The Free Press
MANKATO, Minn. — An attorney for a Lewisvillle firefighter accused of setting his own house on fire in February offered receipts from a Mankato restaurant, two haircutting businesses and his client’s testimony in an effort to prove he couldn’t have committed the arson.
Jacob Birkholz called Kyle Wendell Else, 40, to the witness stand Friday afternoon to wrap up an omnibus hearing he used to argue there is no probable cause for the charges against his client because he has an alibi.
The receipts from Mankato businesses, Else’s girlfriend’s testimony and an investigation by a private investigator were offered as evidence to District Court Judge Bradley Walker before Else was called to the stand.
A key portion of the criminal complaint charging Else with first-degree arson for starting a second fire at his rural Lewisville residence, which is in Blue Earth County, is a statement from the Lake Crystal Fire Chief saying he saw Else at the house at about 5 p.m. on Feb. 18. The evidence showed that was highly unlikely.
Birkholz provided one receipt that showed Else, his girlfriend, Rachel Sickler, and Sickler’s four children were at Pizza Ranch in Mankato at 5:59 p.m. That’s when the couple said they paid for their meal after waiting in line for several minutes. Including the 50 minutes it takes to travel from Lewisville to Mankato, it’s unlikely Else could have been the person the chief said he saw standing on Else’s deck, private investigator Bruce Olson said.
Else also said he has never owned or driven a green pickup described by the chief or coveralls the chief said the man on the deck was wearing.
After spending about a half hour eating at the pizza buffet, Sickler said she took three of her kids to get haircuts at Great Clips while Else took her oldest son to Fantastic Sams for a haircut. Receipts from those businesses showed Else was still in town until at least 7:05 p.m. The fire was reported by a passerby at about 8 p.m.
Else, who did return to the house after leaving Mankato, called the Lewisville fire chief, a friend and former boss, at about 8 p.m. to tell him he was almost to his house and could see flames in the area. Else was on his way to get insurance paperwork from the chief for a fire that virtually ruined the house on Feb. 11.
Olson said that also showed Else could not have been at the house during the time between when a man was seen on the deck and the house was obviously burning.
Mike Hanson, assistant Blue Earth County attorney, did point out that the fire could have been started earlier, but he didn’t call any witnesses to counter the evidence provided by Birkholz. He also pointed out the fire started in a second-floor bedroom and an accelerant was possibly used.
Else also said he told investigators he believed the second fire was intentionally set because he had seen evidence of entry to the house and it couldn’t have smoldered since Feb. 11 due to the cold weather and the amount of water used to douse the first fire.
Both attorneys will now provide written arguments during the next five weeks while Walker reviews law enforcement reports and other evidence provided during Friday’s hearing.
___
(c)2015 The Free Press (Mankato, Minn.)
Distributed by Tribune Content Agency, LLC.