A trial began Monday in Edmonton’s Court of King’s Bench for Jason Murray Zabos, accused of setting a fire that killed 73-year-old Ricardo Olivares and destroyed an apartment building at 10745 79 Ave. NW. Zabos, who was 44 at the time, pleaded not guilty to manslaughter in Olivares’s death and to arson with disregard for human life. The fire began in Zabos’s suite at 12:45 a.m. on Jan. 26, 2024, after a standoff with police that lasted nearly eight hours.

The building had 32 units across four floors and was fully occupied. Every resident lost their home and possessions, and damage to the building and its contents was estimated at $10 million. More than a dozen residents were rescued, including people brought from fourth-floor balconies; one woman with mobility issues was lowered in a bucket.

The response involved 108 firefighters, 69 police officers, seven safety officers, seven fire investigators and one canine member. Seven tenants were taken to hospital, including two toddlers and a woman who were in serious condition. Some remained in hospital for weeks; one person was intubated for five days, while another was intubated and sedated. Officers were also treated for injuries, and more than $100,000 in tactical equipment was left inside the burning building as responders focused on saving lives. Nine pets died.

Olivares’s family was travelling outside the country when the fire happened and repeatedly asked the Edmonton Police Service to find him. His body was not located until April 22, 2024, after he had been reported missing. A cadaver dog helped officers find his remains in his suite, beneath what the agreed statement of facts described as a “significant” amount of charred rubble. DNA testing confirmed his identity.

The agreed statement of facts says at least two tenants continue to have medical issues caused by the fire, while multiple residents are dealing with mental health issues. Olivares was described in testimony as a beloved family patriarch. The trial’s opening testimony traced the circumstances before the fire to a rent dispute and an eviction process.

Zabos’s rent had been covered in part by Alberta Works and in part by Pathways to Housing, a charitable agency supporting people transitioning from homelessness. Pathways describes its work as providing “dedicated support for individuals transitioning from houselessness with support needed to overcome systemic barriers, such as serious mental illness and addiction.” The agency’s housing worker, Jeremy Abbott, testified that clients had to “give his consent” to receive support and that Zabos withdrew that consent in November 2023.

“He revoked consent in November 2023,” Abbott told the court. “At that point, we were no longer involved. He was no longer a client in our program.” Abbott said his role then shifted to helping landlords understand their rights and responsibilities. “I was involved to talk with the landlord, I was on the site to offer program support, but Jason didn’t want it.”

Abbott said he was looking for shelter support for Zabos and a place at a shelter for his cat. Asked whether he knew about Zabos’s mental health issues, Abbott said he was part of a collaborative group of medical professionals and housing representatives. “I was aware of doctors being involved, but I’m not involved in mental health in my role.” He testified that the agency concluded Zabos was not engaging with its program and contacted police because it had no consent to participate in his care and he had not asked it for support.

The reports differ on when Pathways stopped paying its share of the rent. The Edmonton Journal’s account said testimony traced the events to four days after the agency stopped paying half of the December 2023 rent. CTV News reported that Zabos fired the agency in November 2024, resulting in the payments stopping. The trial testimony described the withdrawal of consent in November 2023, followed by a December rent shortfall and an eviction process.

Building caretaker and property manager Owen Fletcher testified that his relationship with Zabos had been cordial before the eviction dispute. He described finding food throughout the suite and garbage cans overflowing, and said an annual inspection had raised sanitation concerns, cat litter issues and concerns about bugs coming from neighbouring suites. Fletcher suspected bugs in another unit may have originated in Zabos’s apartment.

Fletcher also recalled that in January 2023 Zabos told him he had been admitted to hospital and asked him to care for his cat. “He had quit taking his meds,” Fletcher said. During cross-examination, Fletcher said Zabos had been hospitalized for three weeks that month. He also recalled receiving messages from Zabos, who believed an ex-girlfriend and her new boyfriend were in the building spying on him.

After a December 2023 phone hearing about eviction for unpaid rent, Fletcher said he saw a Facebook post in which Zabos threatened to set the building on fire with tenants inside. The Crown produced a copy of the post, and Fletcher confirmed it was the one he had seen. “After that it was posted on Facebook by him that he was capable of burning the building down and killing all the tenants,” Fletcher testified.

A provincial bailiff attended the building on Jan. 15, 2024, to serve the eviction order. Zabos would not come to the door, and police were called. Fletcher said officers told him the order did not authorize them to force their way into the suite, so he would need to return to court for another order. A new order was obtained, and a different bailiff attended at about 1:30 p.m. on Jan. 25. Zabos again refused to leave, and police were called at 5 p.m.

Bailiff and civil enforcement officer Kelly Dunn testified that she heard Zabos tell police through the door, “I don’t talk, I only text.” She said officers and Zabos then communicated by text. A social services worker arrived and said a place had been found for Zabos and his cat, but received no response from inside the suite and left. Police directed Dunn to go to a nearby temporary command centre. Hours later, she was told to go home because it would be a long night.

Const. Brandt Siamchuk told the court that Zabos sent him a barrage of texts. Siamchuk said he reviewed some of Zabos’s previous police interactions and attributed what he was saying to mental health issues. Asked whether he raised the matter with senior officers, he said: “I liaised with supervisors, they recommended no further action.”

Const. Hector Gonzalez, a 22-year veteran of the Edmonton Police Service, was at the scene as a member of the Police and Crisis Team, or PACT. He was paired with mental health therapist Crystal Pidhaichuck, who reviewed Zabos’s background through ConnectCare and recommended that he be apprehended for mental health reasons. Gonzalez stayed nearby in case he was needed to transport Zabos. “At 9:49 p.m. we were told we were no long required, that command post was still negotiating with Mr. Zabos,” he testified. Gonzalez said the PACT team had not been asked to negotiate.

Fletcher testified that the fire spread quickly and smoke filled the stairways. He was rescued from his balcony by firefighters and saw another tenant being carried out by paramedics. The trial continues Tuesday, with further proceedings scheduled this week.

Based on reporting by Edmonton Journal and CTV News Edmonton.