Judge delays bail decision for man in 2013 Schenectady fire case

The Ongoing Legal Battle Over a Tragic Fire

A federal judge has postponed his decision on whether Edward Leon should remain in custody while awaiting trial for allegedly starting a house fire in Schenectady in 2013 that resulted in the deaths of a father and three of his children. The case has drawn significant attention due to the severity of the crime and the potential for the death penalty.

The recent bail hearing at the federal courthouse in Albany lasted nearly two hours, with both federal prosecutors and Leon’s defense attorney presenting extensive arguments. The judge, Mitchell Kats, acknowledged that the volume and complexity of the evidence made it difficult to reach an immediate conclusion. As a result, Leon will remain in the custody of the U.S. Marshals Service until a final decision is made.

One of the victims’ family members, Safyre Terry—the sole survivor of the fire—was present in the courtroom during the proceedings. She was accompanied by her family but left during the defense’s presentation. Ryan Lorey, the family spokesperson, described Safyre as “a real trooper” who showed remarkable bravery despite the emotional difficulty of the situation. At the time of the fire, Safyre was only five years old and suffered burns over 75% of her body, later requiring amputations.

Prosecutors have argued that Leon should remain detained, citing his history of violent behavior and the potential danger he poses to the community and witnesses. They allege that Leon acted out of jealousy after his girlfriend began a relationship with David Terry, the man killed in the fire. According to the prosecution, Leon sent death threats to Terry, tracked him down using a prepaid cellphone, and was seen near the home on Hulett Street just minutes before the fire broke out on May 2, 2013. Prosecutors also claim that Leon messaged Terry three days before the fire, telling him, “you’re a dead man walking.”

In a recorded phone call in February 2024, Leon allegedly confessed to a former partner that he was responsible for the fire. This confession has become a key piece of evidence in the case.

However, Leon’s defense attorney, Kevin Luibrand, presented an alternative theory. He suggested that another individual, Robert Butler, may be the true perpetrator. Butler was initially charged in 2013 but those charges were dropped in 2014. Luibrand referenced multiple affidavits from investigators that were written years after 2014, which he claims support the idea that Butler was responsible for the fire. According to the defense, these documents indicate that Butler was at the scene and had a motive.

During the hearing, the defense pointed to an affidavit from an investigator that claimed Butler made statements to Terry about not being able to keep the children apart from the mother. Additionally, Butler reportedly told Jennica Duell, the children’s mother, that he would “free” her from Terry.

Judge Kats emphasized that determining bail involves considering several factors, including the nature of the crime, the defendant’s background, and whether the individual poses a risk to the community. He posed several follow-up questions to both sides, including why it took nearly a year and a half to charge Leon after the phone call confession and why it took over a decade to bring charges against him.

He also asked Luibrand about Leon’s history of violent behavior in relationships. Despite the thorough questioning, Judge Kats stated that he was not prepared to make a decision based on the evidence presented. He remanded Leon back into the custody of the U.S. Marshals and offered no indication of when a ruling might be issued.