December 10, 2003     Willow Glen, California Since 1992
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Two former students at Gardner are arrested in school fire
By Beth Walker
While the Gardner community tries to rebuild after a devastating fire that left visible and psychological scars on its neighbhorhood school—Gardner Academy—news that two former students were responsible stunned the residents.

The two youths, a 13-year-old, who attends Willow Glen Middle School, and a 14-year-old, who attends Lincoln High School, were arrested Dec. 4 for allegedly starting the fire that destroyed the newly renovated main building at the school.

San Jose Fire Capt. Allison Cabral said how and when the fire started could not be disclosed because of pending legal proceedings. But according to Santa Clara County Assistant District Attorney Marc Buller, the two boys were charged on Dec. 9 with arson, burglary and vandalism. Juveniles do not have a right to bail.

Investigators interviewed "thousands" of students before positively identifying the two juveniles, said San Jose Unified School District spokeswoman Karen Fuqua. And she credits students with helping to solve the case.

"We feel confident they started it," said San Jose Police press information officer Sgt. Steve Dixon. But he would not say if the boys had confessed.

Dixon said investigators identified the boys after they bragged to their friends and word got around the neighborhood.

Dixon also said the boys selected the elementary school as a "convenient target" because they were familiar with it and lived nearby.

The pair also allegedly returned to the school after the fire and drew swastikas and other graffiti with the ashes from the fire, Dixon said.

Fuqua said the district was glad to have closure on the investigation, but "we're saddened that it was two former students."

Gardner Academy Principal Mildred Arellano said learning it was former students was difficult to absorb.

"We're in the business of helping children be successful. Their whole lives and their families' lives will be [permanently] affected," she said.

If the juveniles are found guilty, each family can be held responsible for the damages up to $25,000, said Buller, which is the legal limit according to law. The youths, who will also be held financially responsible, will also be required to make restitution through a wide variety of "sanctions such as community service," Buller added.

The boys could remain in juvenile detention until they reach age 21 or 25, depending on the charges and sentencing, Buller said.

Like Fuqua, Arellano said that the one positive outcome was that the arrests brought closure for Gardner students who were concerned that it could happen again.

But reaction at Willow Glen Middle School wasn't as positive.

"It makes me sad," said Willow Glen Middle School PTA President Judy O'Shaughnessy, referring to the arrested 13-year-old who attended the school. "It puts another cast of negativity on our school."

Two kindergartner parents at Gardner, Dana Reginato and Sandra Schafheitle, added that they felt sorry for the boys' families and the teachers who lost all their supplies.

"For me, knowing who did it doesn't bring closure," said Reginato. "I'm not angry or disillusioned, just sad."

She added that "we have a lot to do to raise money."

Schafheitle said it brought "tears of joy" that the "community pulled together so quickly and willingly" to help the school.

She noted the district's quick action at relocating students and going back to classes helped everyone focus on rebuilding and moving forward.

She said her 5-year-old daughter "didn't feel the impact and the sorrow that I did" because the teachers helped them talk about it and the new portable classrooms are covering the view of the burned building.

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