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Suspect in huge fire at Denver apartment construction site found incompetent for trial

Tony Becerra suspected of torching partially built complex

Denver firefighters respond to a fire at an apartment complex under construction at the intersection of Leetsdale Drive and South Forest Street on Friday, Jan. 2, 2026. (Photo courtesy of Denver Fire Department)
Denver firefighters respond to a fire at an apartment complex under construction at the intersection of Leetsdale Drive and South Forest Street on Friday, Jan. 2, 2026. (Photo courtesy of Denver Fire Department)
DENVER, CO - DECEMBER 12:  Judith Kohler - Staff portraits at the Denver Post studio.  (Photo by Eric Lutzens/The Denver Post)
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The suspect in a massive fire that destroyed a partially built apartment complex in east Denver has been found incompetent to stand trial.

Denver District Judge Andrew Luxen issued an order Thursday finding Tony Becerra, 38, incompetent. , the finding means a defendant is unable to understand the legal proceedings or help in their defense.

Becerra is due in court July 16 for a status conference on his condition, said Matt Jablow, spokesman for the Denver District Attorney’s Office.

Becerra was arrested in January for the fire that roared through the apartment complex under construction along Leetsdale Avenue. The fire that broke out Jan. 2 burned for several days was described by officials as the worst fire Denver crews had battled in at least 30 years.

The Denver Fire Department said Becerra was seen on surveillance footage entering and leaving the area shortly before flames started. People who called 911 reported seeing a person entering the building.

An arrest affidavit said Becerra was seen filling a container with gasoline at  a station near East Colfax Avenue and Yosemite Street in Aurora about one hour before he walked onto the construction site. Surveillance video showed the Aurora man putting a black bag on the ground near a gas pump and filling up something inside the bag, investigators said.

From there, Becerra took an RTD bus to 8th Avenue and Colorado Boulevard and walked south on Colorado to Leetsdale Drive, according to the affidavit.

Flames quickly destroyed the building. The heat of the fire melted siding and shattered windows of several homes in Denver’s Hilltop neighborhood. More than 100 firefighters battled the fire.

Jablow said Becerra faces 28 felonies: 27 for arson and one for burglary.

The 283-unit apartment complex was being built by Texas-based Embrey Partners at 5377 Leetsdale Drive.

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