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Prosecutor: Nurse used lighter to start fatal fire

05:42 PM CDT on Tuesday, April 10, 2007

From 11 News staff reports and Jason Whitely / 11 News

Jason Whitely's update | Raw video: Weaver in court

The nurse accused of setting a fire that killed three people in March appeared in court with three attorneys Tuesday morning.

Tuesday was Misty Weaver's first face-to-face appearance with a judge.

Prosecutors said Weaver, an LVN, confessed Saturday night to setting the fire in the East Loop building after being confronted with surveillance tape that showed her re-entering the building after her office closed – and just before the deadly blaze began.

Prosecutor John Jocher said Tuesday that the tape showed Weaver re-entering the office building after 5 p.m., going to the kitchen and getting a lighter from a drawer. The tape showed her going to a supply closet and setting cardboard boxes on fire. The boxes contained plastic tubing.

Jocher said Weaver waited until flames reached 4 or 5 inches high, returned the lighter and then left the building. She allegedly started the fire because she was afraid of losing her job after not completing paperwork on time.

One of Weaver's defense attorneys, Todd Dupont, said the team got permission to enter the building. He said they would look at the sprinkler system to see if that may have prevented the fire from starting.

"The two issues I'm most concerned with now is getting her bond looked at and perhaps reduced, and getting into that building," Dupont said. "So those are the two pressing issues for me right now: getting in

Weaver worked for Dr. Robert Capriotti, a cosmetic surgeon.

Dr. Capriotti told the Houston Chronicle that Weaver was a star employee who had no reason to be afraid of losing her job over a "routine" task.

"It was an accreditation that was supposed to be done the following day," Jocher said. "She was responsible for the paperwork for that accreditation survey; she had not completed it and set the fire in the hopes that the damage that the fire would cause would cancel the accreditation surveyors from coming to her building."

Investigators said they had an electrical engineer check out the building and that they found no problems.

KHOU-TV

Misty Weaver in court Tuesday.

Weaver kept her head bowed during the probable cause hearing Tuesday but smiled at family and friends as she was lead out of the courtroom.

Weaver’s bond remains at $330,000 for the arson and three murder charges she faces.

Her attorney’s next priority is trying to lower that so she can get out.

Punishment could be anything from probation to life in prison.

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