I-85 Arson Suspect Could Face Federal Charges

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Basil Eleby is escorted by his public defender and two Fulton County Sheriff's office officers into the court room at the Fulton County Jail in Atlanta on Saturday, April 1, 2017. / ASSOCIATED PRESS

Investigators say the man accused of starting the raging fire that caused the collapse of a section of I-85 in Atlanta on March 30 could face federal charges.

Bureau of Alcohol, Tobacco, Firearms and Explosives assistant special-agent-in-charge James Deir told WSB-TV on Wednesday that Basil Eleby could be charged with federal offenses after the U.S. attorney's office reviews the March 30 incident.

"We're in the process of reviewing the evidence and the facts of this investigation," said Deir. "This investigation will be presented to the United States attorney's office in the immediate future with regards to a determination whether or not federal charges will be filed."

Eleby is already charged with first-degree arson and first-degree property damage and remains in jail on a $200,000 bond.

Authorities say the fire was started by Eleby who had talked about smoking crack prior to the fire that broke out under the bridge in an area where the state of Georgia stores noncombustible construction materials.

An eye witness of the fire told WSB-TV that Eleby said that he started the fire. Sophia Brauer and her boyfriend, Barry Andrew Thomas, were staying under the bridge before it collapsed. Brauer ran into Eleby behind a dumpster near the bridge and the two saw smoking coming up.

“I said, ‘Oh my God, Basil, look at that,’ said Brauer. “He looked at me. He gave this evil smile and said, ‘Ha, ha, ha. I did that.’”

Brauer and Thomas are not suspects in the fire, but they did get misdemeanor criminal-trespass citations.

Eleby's attorney, Liz Markowitz, told the Atlanta Journal-Constitution her client is being used as a scapegoat. According to people who know him, Eleby suffers from mental illness.  Eleby has the mental capacity of a 15-year-old and has been in and out of drug addiction programs for the past 20 years.

Menege Gizachew has known Eleby for eight years. In an interview with WXIA-TV, Gizachew said that he owns GT Auto Repair in Buckhead and he let Eleby sleep in one of the cars at one point in exchange for some daily work. Eleby would vacuum cars and clean things for food and a place to stay.

The Georgia Department of Transportation has defended its decision to store the conduit material that ignited the fire underneath the elevated I-85 highway. The material was initially going to be used for a traffic management project on Georgia 400 in 2007. GDOT decided to save money by storing the material and using it for a later project.

GDOT Commissioner Russell McMurry told the Atlanta Journal-Constitution that storing material underneath a bridge does not violate any GDOT policy. The conduit was stored behind a fence with a locked gate. A no trespassing sign was also placed on the gate.

The material was originally located at the intersection of Sidney Marcus Boulevard and Buford Highway. In 2012, the material was moved under I-85 near Piedmont Road.

The National Transportation Safety Board will investigate the safety of keeping storage underneath highways.