BEAUMONT, Texas — Prominent Beaumont defense attorney Ryan Gertz has joined the legal team of Tom Flanagan, the owner of the Gilbert Building.
Gertz joins James Makin, Tom Kelley and Dan Cogdell to defend Flangan as the investigation continues.
12News sat down with Gertz with the Gertz-Kelly Law Firm. Gertz says he's ready to help prove that Flanagan's innocence. He says Flanagan is upset about the situation, but continues to move forward with renovations on the historical building.
Flanagan is being investigated by authorities in connection to orchestrating three separate fires on the night of June 6, 2024 including the Gilbert Building fire.
Flanagan, who owns several buildings in downtown Beaumont, denies any involvement in the fire that destroyed the Gilbert Building, which he has owned since 2013.
“Let me be unequivocal – I was not involved, nor am I aware of any other person or people who may have been involved in the fire”, Flanagan said in a statement.
The statement was released hours after Beaumont Police and Fire Department investigators, with the help of federal agents from the ATF and Homeland Security Investigations, served a search warrant Wednesday morning.
Gertz tells 12News there's a significant lack of evidence in the search warrant used to raid Flanagan's offices. Evidence like specific details about the person authorities believe may have started the Gilbert Buidling fire.
"It says was seen on a camera, we don't know what camera, afterwards. But why was he not seen before, before would be important. When you leave out specifics, when you don't have evidence but you say things that creates innuendo," said Gertz.
Investigators and federal agents executed the search warrant on Flanagan’s offices encompassing the entire 15th floor of the San Jacinto Building at 595 Orleans St., according to a probable cause affidavit used to obtain the search warrant.
The “affidavit for search warrant” paints a picture of a businessman who police say was in financial trouble and allegedly conspired with someone to set fire to the Gilbert Building.
In April 2024 the City of Beaumont mailed a certified letter to Flanagan citing the Gilbert Building as an imminent danger, according to city ordinance and the International Property Maintenance code.
Nearly two months later, on June 6, 2024, the Gilbert Building burned, taking most of the city’s firefighters 24 hours and nearly two million gallons of water to put out.
Police say the fire and two other fires less than three miles away were part of a plan to ensure the complete destruction of the Gilbert Building to avoid the extra cost of asbestos abatement, according to the affidavit.
"The idea that he would burn down a building that he doesn't have insured so he can sell the lot, what's the lot going to be worth $50,000 ,$20,000? I mean it's a lot in downtown Beaumont, it's worth nothing. It doesn't make any economic sense, it doesn't make any business sense and it doesn't fit Tom Flanagan's long term vision for downtown Beaumont," Gertz said.
Fire investigators deemed the fire to be intentionally set, saying a person lit the fire, possibly with “ignitable fluids.”
Gertz joins a team of four high-powered lawyers who are ready to prove Flanagan's innocence.
"He's an advocate for the city. He is trying to rebuild downtown and it has been his passion project since he was in his early twenties," said Gertz.
Gertz says his client was required to take a polygraph test.
"He was asked the question, did you hire this person or pay them to burn the building down and Flanagan says no. They say there were signs of deception. Okay great that you say that but that is not admissible in court," said Gertz.
Gertz says they plan to file to stop the search of items seized in Flanagan's office. He also says Flanagan has taken another polygraph test this week, that he passed with flying colors. They plan to use that in their defense.