BREAKING NEWS: Judge signs search warrant for Gilbert Building. (photo credit: KFDM) Read More Breaking News
Beaumont — KFDM/Fox 4 News has learned a judge has signed an affidavit for a search warrant for the Gilbert Building, nine months to the day since a fire gutted the historic structure.
252nd District Court Judge Raquel West confirms she signed the court-ordered warrant electronically this morning.
It indicates investigators are searching for evidence of arson and focusing on the basement. Firefighters are pumping water from the flooded basement today, and plan to conduct a thorough search of the entire building.
“This search follows initial attempts that couldn’t proceed under consent due to the the building’s compromised condition following the fire,” the city stated in a news release.
Beaumont Police Department Detective Aaron Lewallen states in the affidavit for the warrant that he believes owner Tom Flanagan conspired with an unknown suspect or suspects to set the fire for financial benefit. No charges have been filed.
The judge signed a similar warrant last October, leading to a search of Flanagan’s offices at the San Jacinto Building.
Flanagan has adamantly and consistently denied to KFDM that he had any involvement in the June 6 fire, telling us he’s working to restore the building and would never do anything to damage it. KFDM/Fox 4 News spoke with Flanagan by phone this afternoon.
“We haven’t seen a warrant,” Flanagan told us. “We’re surprised and astonished because all along we’ve communicated with the city and conducted regular walk throughs, granted them complete access to everything. We even discussed when the cleanup portion of the selected demolition was done, that would be the time to pump the basement. We offered to do it for them. They said they would do it. We walked it twice this week with the city. We said ‘you can come any time you want.’ They ignored that offer. We’ve been trying to do it safely. We’ve been open with the city. You’ll never find anything that points to me doing something like what’s been said, because I’d never do that. Anyone who knows me, knows that.”
Today’s affidavit for the search warrant contains statements from Det. Lewallen that read in part:
It is based on the totality of the circumstances surrounding the fire and facts gathered during the investigation, which I find it reasonable to believe Thomas Flanagan, a local businessman, who is in financial straits, conspired with an unknown suspect(s) to set fire to the Gilbert Building for a financial benefit. Flanagan was being pressured by the City of Beaumont to “fix” his building, and the convenience of a fire would remediate his out-of-pocket expenses. Furthermore, I believe the recent news releases of the City of Beaumont’s desire to move forward with Downtown development hastened his plans.
On September 24, 2024, Flanagan signed a consent to search form for the Gilbert Building allowing investigators to collect samples of debris from the burned-out structure for Asbestos testing. During this search, piping covered with validated Asbestos containing material was observed to continue into the basement which was inaccessible due to flooding.
During the investigation, it was learned the Gilbert Building has a basement which has been flooded for many years as the building stood vacant and in ill repair for more than a decade. The flooding was exacerbated due to the amount of water used to extinguish the fire on June 6, 2024, and the subsequent fire damage had left the building open to accumulating rainwater.
In addition, during coded inspections, code enforcement officers with the City of Beaumont have reported possible Asbestos related materials are still observable in the remaining structure elements which are still above ground. In my experience, I have come to know basements in commercial buildings often house boilers with associated piping and various electrical and mechanical devices used in the daily operation of the building. During the history of the Gilbert Building, these items would have fallen into the time period when Asbestos was used for its fire retardant properties, and before the realization of Asbestos’ toxicity. These basements are also often utilized for storage of surplus materials used for repairs in the building such as flooring tiles and materials used to cover the piping throughout the building.
Due to the fire and subsequent damage of the Gilbert Building, coupled with the prior flooding of the basement this area of the Gilbert Building has not been accessible. The basement is believed to contain critical evidence related to the origin and cause of the fire, which may have been preserved despite the fire and subsequent water damage. Specifically, investigators seek to drain the flooded basement to search for and recover physical evidence, including but not limited to charred materials, containers of accelerants, ignition devices, or other items linked to arson. Beaumont Police Department Report Number #2024-11195 Additionally, prior records and statements from documents recovered in evidentiary search warrants indicate that the Gilbert Building contains asbestos, a known hazardous material, within its structure. Given the fire’s intensity and scope, it is probable that undisturbed asbestos remains in the basement, potentially in measurable quantities. Investigators seek to access the basement to assess the extent of remaining asbestos and provide further evidence of the suspect’s intent in setting the fire.
To achieve these objectives, Affiant requests authorization to enter the Gilbert Building, including the basement, drain the flooded basement using necessary equipment and trained personnel. Once this is accomplished, investigators will search for and seize evidence related to the arson, as referenced above; and to search for the presence of asbestos not destroyed in the fire, including collecting samples for laboratory analysis.
Based on the foregoing, I assert that there is probable cause to believe that evidence of arson and related offenses, as well as hazardous materials such as asbestos, will be found within the Gilbert Building. I respectfully request that a search warrant be issued to allow for the described search and seizure.
Wherefore, Affiant asks for issuance of a warrant that will authorize him to search said suspected place and premises for said evidence and seize the same.
Aaron John Lewallen
AFFIANT
SWORN TO AND SUBSCRIBED before me by said Affiant on this 06 day of Mar, 2025, and I find there is sufficient probable cause to support the search of the aforementioned premises.
Raquel West
JEFFERSON COUNTY TEXAS
252nd District Court
MAGISTRATE’S DETERMINATION OF PROBABLE CAUSE
The foregoing Affidavit and Application was submitted to me by the said affiant on 06 day of Mar, 2025, at 10:38 AM. I find that there is sufficient Probable Cause to support the issuance of this Search Warrant.
Raquel West
JEFFERSON COUNTY TEXAS
252nd District Court
Signed by the said affiant, submitted to me by reliable electronic means, and subsequently sworn to by the said affiant before me through an electronic broadcast system.
Beaumont Police Department Report Number #2024-11195
SEARCH WARRANT NUMBER
THE STATE OF TEXAS IN THE JEFFERSON COUNTY DISTRICT COURT
THE COUNTY OF JEFFERSON 252nd District Court
Search Warrant
THE STATE OF TEXAS to the sheriff or any Peace Officer of JEFFERSON County, Texas. or any Peace
Officer of the State of Texas.
Greetings:
Whereas, the affiant whose name appears on the affidavit attached hereto is a peace officer under the laws of Texas and did heretofore this day subscribe and swear to said affidavit before me (which said affidavit is here now made a part hereof for all purposes and incorporated herein as if written verbatim within the confines of this Warrant), and whereas I find that verified facts stated by affiant in said affidavit show that affiant has probable cause for the belief he/she expresses herein and establishes existence of proper grounds for issuance of this Warrant.
Now, therefore, you are commanded to enter the suspected place and premises as described in said affidavit, to wit:
328 Bowie in Beaumont, Jefferson County, Texas also known as the ”Gilbert Building.” The ”Gilbert Building” is a four-story brick building, with a basement, which sits on the Northwest corner of the intersection of Bowie and Pearl. The building is also known have an assigned address of 486 Pearl Street. The ”Gilbert Building” is currently the remnants of a building devastated by fire leaving behind four walls and some structural support.
At said places you shall search for and, if same be found, seize and bring before me the property described in the affidavit, to wit:
Evidence of arson, to include trace evidence of accelerants, or physical evidence associated with fire damage. In addition to evidence establishing the presence of Asbestos associated with the construction or previous renovations of the ”Gilbert Building”
Herein fail not to execute this warrant within three days, exclusive of the days of its issuance and of its execution, with your return thereon, showing how you have executed the same.
ISSUED at 10:38 AM o’clock, on 06 day of Mar, 2025, to certify which witness my hand this day.
Raquel West
JEFFERSON COUNTY TEXAS
252nd District Court
