Demolition resumes at FoxBuilt 2 years after arson

If you’ve traveled down West Union Street since Feb. 20, you may have noticed an excavator among a pile of wreckage where FoxBuilt Construction used to stand near the intersection with Fleming Drive.

Demolition is finally underway again over two years after the initial fire. The permit for demolition, originally set to expire Feb. 28, this year, has been extended, with no specific deadline to finish.

“We are currently working with the owner to set up a next inspection date,” City of Morganton Public Information Officer Jonelle Sigmon said. “The city works with each permit specific to the needs of that site.”

No inspection dates are set, according to Sigmon.

Owner Larry Wendell Fox declined to comment.

POTENTIAL ARSON

The Morganton Department of Public Safety (MDPS) deemed the Jan. 30, 2024, fire as arson when it occurred.

Although the case is now considered inactive, MDPS Professional Standards Lieutenant Tayler Alexander said it is not closed.

“Investigators do believe this fire was a case of arson,” Alexander explained, “But at this time there is not enough to charge any specific person(s) with that crime.”

While demolition limits future physical evidence collection, officers typically gather the majority of their evidence immediately after the incident.

According to previous reports, Fox had been named as a person of interest when the fire initially consumed the building.

BACKGROUND ON THE FIRE

Investigator C. Storie with the MDPS filed for search warrants with the Burke County court, which were issued on Jan. 31, the night of the fire, and Feb. 5.

The warrants revealed a discussion with Fox, where the owner claimed the county owed him money for work FoxBuilt had done on the Jonas Ridge Convenience Center, and that he had filed for loans from outside sources to compensate.

Not long after receiving the loans, he filed for Chapter 7 bankruptcy in December 2023. According to the report, Fox began receiving threatening phone calls and text messages, and a white BMW started following him around town.

The court dismissed his filing for bankruptcy on Jan. 26, making him responsible for all of his debts.

Following the fire, the State Bureau of Investigation (SBI) joined the case, looking for items associated with fire-starting and documentation.

During the investigation, authorities located a room that “had a strong odor of an ignitable liquid.” The officers traced the odor to a rug in the room and collected it as evidence.

“Fox is the only person of interest in this case because he is the only one identified through the investigation who had the means, motive, and opportunity, and would benefit from an insurance payout based on the fire insurance he had on the building,” the warrant stated.