No charges for man accused of sparking massive Foster City condo fire, DA says

A man who was arrested after a massive fire at a condominium complex on the Peninsula last month will not be charged, prosecutors said.

San Mateo County District Attorney Steve Wagstaffe announced the decision Thursday after a review of the case. On the afternoon of Aug. 2, a fire broke out at 815 Sea Spray Lane, damaging or destroying about 50 units and displacing nearly 150 residents.

A resident later identified Keith Tompkins, was arrested on suspicion of unlawfully causing a fire resulting in injury to firefighters, obstructing or delaying a police investigation and willfully resisting, obstructing or delaying a fire investigation.

Fire and police investigations determined that the fire had started on the balcony of a condo unit where Tompkins and his 93-year-old mother lived.

While investigators said the fire started in the area of a propane grill that prosecutors said was "negligently" left on by Tompkins, investigators could not conclude the fire occurred due to the grill being left on.

"The fire investigation written report concluded that the cause of the fire is 'undetermined,'" the DA's office said in a statement. "Even if the cause of the fire was not 'undetermined,' the police investigation and interview of Mr. Tompkins established that there was no intent for a fire to occur and that at most there was civil negligence in leaving the grill on."

"This case does not meet the elements of a criminal offense, and thus criminal charges by this office are not warranted," prosecutors added.

No residents were injured in the fire, but officials at the time said four firefighters suffered minor injuries, including smoke inhalation. Two of the firefighters were hospitalized but were later released.  

Officials said the condo building did not have a sprinkler system, since it was built prior to an ordinance requiring sprinklers. Property records indicate that the complex was built in 1981.