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The indictment alleges that Derrick Weatherbe, 29, of Philadelphia, damaged and destroyed the Lowe’s Home Improvement store on North 50th Street on May 31, 2020, according to Acting United States Attorney Jennifer Arbittier Williams.
The incident occurred following a series of nationwide protests in response to the killing of George Floyd in Minneapolis, Minnesota.
Surveillance tapes showed a man with distinct clothing and tattoos -- later identified as Weatherbe -- walking through the entry vestibule then picking up a utility lighter, along with containers of lighter fluid, Williams said citing court documents.
Weatherbe was captured carrying the items into the middle of the store, where the fire erupted less than two minutes later, authorities said.
Weatherbe then fled from the store, court documents say.
“The U.S. Attorney’s Office and the entire Department of Justice will always support peaceful protest – we are sworn to protect the rights guaranteed by the First Amendment,” Williams said.
“But that does not cover destructive rioting, looting, committing arson, and other violent acts. Here, the defendant allegedly set a fire in the middle of a business, potentially endangering many lives including those of police officers and firefighters who responded to the scene, and as a result, he is now being prosecuted for a federal crime."
“The alleged acts of the defendant are extremely careless and dangerous, which could have caused serious injury or loss of life to first responders and others in the community,” said Matthew Varisco, Special Agent in charge of Philadelphia’s Field Division.
“ATF, along with our partners at the Philadelphia Fire Department and the Philadelphia Fire Marshal’s Office will continue our efforts to ensure public safety. Our investigators will pursue and apprehend anyone who uses fire to damage property or endanger lives in our city.”
Weatherbe was charged with one count of malicious damage by means of fire of a building used in interstate commerce. If convicted, he faces a maximum possible sentence of 20 years in prison, Williams said.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and is being prosecuted by Assistant United States Attorney Priya T. De Souza.
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