The two boys suspected of starting an apartment fire which killed a mother and daughter did so in retribution after getting kicked out of one of the units, a Monday Jefferson County court hearing revealed.

Siona Owens, who said she was in her burning second floor apartment for eight minutes with her children before she jumped out, asked Judge Bryce Allen that the two be held without bond. Allen complied saying the boys had a “substantial risk of harm to others.”

The Denver Gazette is not naming the two suspects, but one is 12-years old and the other is 14. Both appeared on WebEx in Jefferson County court from Rocky Mountain Youth Services Center. One kept his head down during the hearing and the other pulled a green sweatshirt over the lower half of his face.

Kathleen Payton, 33 and her 10 year old daughter, Jazmine Payton-Agauyo, died in the fire. Three people went to the hospital where they were treated for their injuries and seven suffered minor injuries including a firefighter who suffered from smoke inhalation.

Troubled lives

Lakewood police announced the arrest of the two juveniles Monday on suspicion of first degree murder and first degree arson. Because of their ages, their names were not released, but the circumstances of their troubled young lives were revealed during a hearing.

The 14-year old ran away from home on Aug. 8, was a self-reported member of the CMG Bloods gang and had been living on the streets, his guardian told the judge. The 12-year old had a previous felony menacing charge, according to court records discussed in the proceeding.

During the hearing, prosecutors quoted from the arrest affidavit saying the boys were staying in unit 50 the night of Oct. 30 into Halloween morning when they were thrown out and then started a fire near the building. Witnesses saw the boys run away, but according to prosecutors quoting the warrant, the older of the two boys returned with “something glowing in his hand,” which Judge Allen later described as a “Molotov cocktail or other incendiary.”  It was revealed in court, the 12-year old confessed to his grandmother that he had set fire to the apartments complex.

Owens and another mother who jumped out of their building with their children to escape the fire listened in on the hearing as did guardians and relatives of the accused boys.

Payton and Payton-Agauyo’s family told the Denver Gazette that they are thankful that the boys were arrested for allegedly starting the early morning blaze, but have mixed feelings over how young they are.

“It’s just very emotional because it doesn’t bring back Katie and Jazzie but I’m glad to know that the Lakewood police were diligent in looking for these two,” said Rochelle Vigil Valdez, Payton’s aunt and great aunt to Payton’s daughter.

Formal charges will be announced by Thursday morning. It is unknown whether the boys will be charged as adults in the case. Their next hearings are scheduled for Thursday at 1:15 p.m. for the 12-year old and 1:30 p.m. for the 14-year old in Jefferson County court. The hearing will be virtual.

‘They obviously don’t have the parental or moral guidance’

The fast-moving fire broke out around 4 a.m. Halloween morning.

Investigators were seen removing surveillance cameras adjacent to the Tiffany Square Apartments last Monday. Witnesses said they saw two people running from the scene of the fire, which broke out on the first floor of a unit on the northwest corner of the building and spread quickly. The fire burned with such ferocity, first responders had to wait to enter the building.

Valdez said police told her that Payton and her daughter died of smoke inhalation and were found in the bathroom of their second-floor apartment. It was previously thought that the two perished when the floor of the bathroom collapsed.

Payton and her daughter were inseparable, said Valdez, and Jazmine, who loved unicorns, was doing well in school.

Valdez said Katie would have forgiven the boys, so she is trying hard through her grief to do the same.

“I almost kind of can’t help but to feel sorry for these children because that tells you they obviously don’t have the parental or moral guidance, no values instilled in them,” said Valdez. “I think the parents should be held responsible.”

Valdez said that the family is preparing for a double burial for the mother and her daughter, but a date has not been announced.