OAKLAND, Fla. — The stepfather of two boys who were trapped inside a mobile home during a fire has been charged with first-degree murder in the death of one of the children, officials with the Joint Homicide Investigation Team said Wednesday.
A 5-year-old boy was killed in the fire on West Colonial Drive in Oakland and his 4-year-old brother remains in critical condition at Arnold Palmer Hospital, officials said.
Witnesses to the fire that happened in June said the boys' stepfather, Luis Cruz, 19, told neighbors and first responders the home was empty. But the two boys, Caleb Eisenberg and Thomas Conyers, were still inside the home, officials said. Caleb later died at the hospital.
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Neighbors who called 911 also told dispatchers the home was empty, and that the two children were already rescued because that is what Cruz told them.
Neighbors told Channel 9 that Cruz kept fire crews from going into the burning building, and officials confirmed that his statements cost firefighters 10 minutes of rescue time.
The State Fire Marshal conducted an investigation and determined that the cause of the fire was arson. Officials said finding the source and getting the lab work that tests for accelerants took some time.
Thomas' father, also named Thomas Conyers, said his son’s mother, Melanie, didn’t tell him his son was hurt in the fire.
He said when he tried to pick up the boy for visitation she told him they were in Tennessee when the boy was really in the hospital.
"Why wouldn't you tell family, 'Hey your son is in critical condition; he's been in a house fire.' Nobody reached out to me," said Conyers.
For 12 days, Conyers said he had no idea his 4-year-old son was fighting for his life.
"I know my son would be perfectly fine and Caleb would still be here today if they were able to go in and pull them out," Conyers said.
Doctors said they aren't optimistic that Thomas Conyers will recover, but his father said he is making small strides.
"I believe my little Thomas is going to be fine. I have faith," Thomas Conyers said.
Cruz also faces additional charges of aggravated child abuse, attempted first-degree murder, arson of a dwelling and criminal mischief, authorities said.
The children's welfare was questioned 10 days before the fire, when neighbors called police to report the children locked outside with no food or water. But the Department of Children and Families was not called.
The Department of Children and Families is now investigating.
Channel 9 discovered Cruz was stopped by officers days before the fire. Because of a prior burglary charge, that arrest violated his probation in Polk County. Authorities arrested him on that violation July 9. He remains jailed on those charges.
Conyers said he hopes the charges against Cruz and Melanie's continued support of Cruz will make DCF to consider placing his son with him.
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Investigation continues into mobile home fire that killed young boy