The Larimer County District Attorney's Office filed a motion last week to dismiss the arson charge in the case against a man accused of starting the Alexander Mountain Fire.
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The DA says new evidence indicates the suspect could not have set the fire.
Jason Hobby was arrested several months after the fire, which burned over 9,000 acres and destroyed dozens of homes. Fire investigators determined the fire was human-caused and Hobby was identified as a suspect.
In a statement, the District Attorney's Office said additional investigation work called into question the original "theory" of the case. New evidence related to Hobby's whereabouts, his potential alibi, access to the location where the fire started, and cell phone data all refute his implication.
Hobby, of Loveland, is facing other charges. He impersonated law enforcement and fire personnel in the area where the fire later burned. He also disguised his truck so he could access restricted areas during the fire. Hobby's trial is expected to start next month.
The DA said it would be unethical to pursue a prosecution for the wrong person charged.
More from the statement:
We join in the significant disappointment of our community that the individual responsible for setting the fire remains unknown, and accountability for their losses has not yet come. Wildfires have been a frequent and traumatic threat to our community, and all resources to determine the identity of the person who started the fire have been expended. Our office has worked closely with the lead detective, the Larimer County Sheriff’s Office, and the U.S. Forest Service to determine if any investigative steps remain for further investigation. At this time, all follow-up investigatory avenues regarding the Arson charge against Mr. Hobby have been exhausted, and the Arson charge cannot proceed due to the newly discovered evidence.
