The prosecutor of Mineral County plans to file attempted murder charges against the suspect in the  Aug. 18 arson fire that destroyed the Railsyde Tavern in Keyser.
Franklin Lee McDaniel, 52, of Keyser, was charged with arson in the first-degree and arson causing injury — related to an injured firefighter — following the late-night blaze, which burned through the early morning hours of Tuesday, Aug. 19.
Mineral County Prosecutor Lynn Nelson said those charges were a first-blush filing sufficient to incarcerate McDaniel. After the Prosecutor’s Office receives a full report from the Keyser Police Department, additional charges will be filed against the suspect.
“There will be attempted murder charges,” Nelson said.
According to Nelson, the process followed in the McDaniel case is not unusual, with minimal charges filed initially, pending a thorough investigation of the case. Full charges are then presented to the grand jury.
“It’s not uncommon for people who are arrested not to be fully charged until it goes to the grand jury,” the prosecutor said.
To win conviction on attempted murder charges, the prosecutor’s office will have to demonstrate that McDaniel was aware that the Railsyde building was occupied at the time the fire was set. Regardless of whether patrons were present in the downstairs tavern, the building featured three upstairs apartments that were home to eight people, including two children. McDaniel himself had lived in one of the apartments, providing strong evidence that he was aware of upstairs units.
“I think that will be the case here,” Nelson said. “I intend to file attempted murder charges based on all of the occupants of that building.”
Nelson is scheduled to present the case to the grand jury on Sept. 3.