Man accused of starting massive Denver fire deemed mentally incompetent to stand trial

Man accused of starting massive Denver fire deemed mentally incompetent to stand trial

The man accused of starting a fire that destroyed a construction site in Denver earlier this year has been deemed mentally incompetent to stand trial, court records show.

Tony Becerra is charged with 28 felonies — 26 counts of arson, burglary of an occupied structure, and criminal mischief — related to a Jan. 2 fire at a construction site off Leetsdale Drive and Colorado Boulevard for a planned apartment building.

The 38-year-old Aurora man was ordered to undergo evaluation at the Colorado Mental Health Hospital in Pueblo last month, the results of which were presented at his hearing on Thursday. Denver District Judge Andrew Luxen issued an order on Thursday finding him incompetent to stand trial.

Tony Becerra Aurora Police Department

Documents obtained by CBS News Colorado in January show that family members previously reported to police that Becerra has a "mental condition" and that he "sees and hears things." Those claims appear in previous arrest and court records, including a 2025 arrest for shoplifting, in which he was taken to a nearby hospital "due to psych issues he was exhibiting."

Becerra's attorneys with the state public defender's office requested a 60-day stay because of the evaluation, which the prosecutors and judge agreed to.

The fire was seen from miles away that Friday night, sending thick plumes of smoke high into the sky. The Denver Fire Department called it a five-alarm fire, the highest level of severity, and over 150 firefighters from DFD, South Metro Fire Rescue, and Aurora Fire Rescue responded. It took days to fully extinguish the blaze.

A screenshot of video taken by CBS News Colorado's helicopter shows a massive fire at a construction site in Denver on Jan. 2, 2026. CBS

The fire damaged and otherwise impacted multiple nearby businesses, as well as the Jewish Community Center of Denver.

Becerra is scheduled to return to court on July 16. A new report was ordered and he was referred to restoration services in Pueblo. It's unclear how the ruling or any future findings will impact the case against him or any possible sentence or commitment orders.

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