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Home Depot paying $1.3M for fire code violations after 2022 arson fire destroyed San Jose store

Written by Tim Fang

SAN JOSE, Calif. (KION-TV)-- UPDATE ON MAY 20, 2024 AT 12:38 P.M.- Home Depot is paying $1.3 million in fines after an investigation revealed fire code violations following an arson that burned a South San Jose store to the ground, prosecutors said.

Santa Clara County District Attorney Jeff Rosen announced the fine against the hardware giant Monday, which followed an investigation by the DA's office and the Bureau of Alcohol Tobacco Firearms and Explosives into the 2022 fire that destroyed the store on Blossom Hill Road.

"Fire code violations are potential tragedies in waiting. Ignoring them isn't just risky; it's reckless. It risks far more than property. It risks lives," Rosen said in a statement.

The fire happened on April 9, 2022 when a 27-year-old man tried to steal tools set a fire in the store. The fire quickly spread, destroying the 98,827 square foot store, causing an estimated $17 million in inventory loss.

Prosecutors said no water came from the sprinkler system. Meanwhile, firefighters who responded to the blaze were blocked from the fire lane and fire department connections by high piles of pallets.

According to investigators, the store's automatic fire suppression water sprinkler system had been disabled at the time of the fire. Home Depot was told the system was not working, but did not fix it.

Investigators also learned that 13 other Home Depot stores across the country were issued notices of fire code violations between 2018 and 2023.

The DA's office said Home Depot will pay $850,000 in civil penalties along with $150,000 to a nonprofit focusing on fire prevention and outreach in Santa Clara County.

Home Depot cooperated with the investigation, took action on the fire code violations at Santa Clara County stores and implemented new training and tracking methods, according to prosecutors.

The suspect identified as Dyllin Jaycruz Gogue was arrested and charged with arson in connection to this fire.

Authorities said at the time Gogue had stolen from other stores in the days and weeks leading up to the fire at Home Depot, including a theft at a Bass Pro Shop a half hour before.

His case was still pending as of Monday.

DA: Man suspected of starting Home Depot fire in San Jose identified

The Santa Clara District Attorney's office announced the man suspected of starting the Home Depot fire in San Jose.

Dyllin Jaycruz Gogue, 27, of San Jose was arrested on April 15 and is facing several charges.

According to the District Attorney's office, the suspect lit the fire in an aisle as he was trying to steal tools from the hardware store.

“I am thankful to all the law enforcement partners who quickly brought this person to justice,” District Attorney Jeff Rosen said. “And I am thankful this was not a multiple murder case. This fire – set during business hours – could so easily have left bodies in the rubble. It was horribly reckless behavior, and we will prosecute him to the fullest extent of the law.”

They include aggravated arson, seven counts of grand theft and three counts of petty theft.

The DA's office said that the fire began at 5:30 p.m. and Gogue was stopped by a store employee as he was leaving with a cart of stolen tools.

The DA's office said he stole items from a Bass Pro Shop earlier, fled in a person's car after lighting the Home Depot on fire and when to steal from a nearby Macy's.

“ATF’s National Response Team, or NRT, arrived at the scene of The Home Depot fire during the preliminary stages of this investigation. We provided our expertise of fire scene analysis to the San Jose Fire Department to determine whether the fire was incendiary (arson), accidental, or undetermined. ATF approaches every fire scene without any preconceptions, allowing the evidence to guide us to a conclusion. After examining all the evidence, ATF and our partners classified this fire as incendiary, meaning that it was intentionally set and is considered an act of arson. Arson is a dangerous act of violence which poses a significant threat to the community.”

Special Agent in Charge Patrick Gorman, ATF, San Francisco Field Division

The max sentence could range from 14 years to life with the possibility of parole in six to 9 years.


The Santa Clara County District Attorney announced that they arrested someone suspected of arson for starting the Home Depot fire in San Jose.

The fire started on Saturday April 9 and left the structure in ruins.

An announcement on the arrest will be made Tuesday at 11 a.m.

READ MORE: Massive Home Depot fire results in Shelter-in-place advisory for South San Jose, still no cause

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Ricardo Tovar

Assignment/ Web Manager for KION News Channel 5/46 and Telemundo 23

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Derrick Ow

Assignment Editor for KION News Channel 5/46



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