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Charges dropped against convicted killer, accused arsonist

OSCEOLA COUNTY, Fla. — A convicted killer accused of raping an Osceola County woman, then starting a fire at his house when deputies went to arrest him, will not face any charges.

The Osceola County Sheriff's Office told Channel 9's Janine Reyes that the case is a disappointment to them and to the community.

Sam Fertic has a criminal history that goes back 16 years. He served 10 years in a Texas prison after he was convicted of killing his ex-wife.

Deputies went to Fertic’s home in June to arrest him on a sexual battery warrant. Investigators said during the assault, Fertic told the woman, "You need to die. You remind me of my ex-wife. I'm going to kill you.”

Eyewitness News learned that prosecutors dropped the sexual battery case in August, citing insufficient evidence to prosecute Fertic. The arson case remained under investigation until last week.

9 Investigates uncovered state attorney's office notes where the prosecutor wrote: "Though extremely suspicious...I cannot, in good faith, file charges without more information.”

St. Cloud police and another source said Fertic was suspected of having explosives on his property. Investigators found no accelerant in the fire, noting: "There is a possibility any accelerant used burned off."

The state attorney's office said Fertic was the only person home when the fire started, but "with inconclusive lab results, the state would be asking a jury to make that leap."