A nationally-certified fire investigator, hired by the defense’s insurance company, disagreed with the Oklahoma Fire Marshal agent’s claim that a daycare fire in Sallisaw was arson.

Donn Baker, defense attorney for the owner of Miss Kristy’s Day Care Center in Sallisaw, said expert witness Matt Cooper, a nationally-certified fire investigator with JJMA Investigations of Poteau, testified Monday that the fire happened just like the owner said it did—accidentally.

Kristy Kay Kisselburg, 27, of Sallisaw, is charged with second-degree arson and endangering emergency service personnel lives in a fire at the daycare. Kisselburg’s preliminary hearing began in May and was continued to allow Baker to call Cooper to the stand.

Monday’s preliminary hearing was continued again due to 62 missing exhibit photos entered into evidence earlier. Prosecuting attorney Crieg Rittenhouse Muskogee County assistant district attorney said he requested the photos for his cross-examination of Cooper. A hearing date has not yet been set.

Cooper testified that he did not see core fire patterns like Rust suggested.

Rust testified during the May 10 preliminary hearing that there were two V patterns, meaning two separate fire starts. He claimed the two V-pattern fire locations indicted areas of high fuel load. On Monday, Cooper testified that what caused the V patterns where vapors, which are heavier then air, that gathered near the lower parts of the floor, Baker said.

“Kisselburg’s own insurance company investigator does not believe it was arson. Cooper said the fire happened the way Kisselburg claims it did. Cooper found no physical evidence of what Rust said about the fire,” Baker said.

“One particular container of gasoline Rust focused on had a lid on it. Cooper claimed that if someone is going to burn something, why would they leave the lid on the container?,” Baker said.

During Rust’s previous testimony he also claimed that during a follow-up investigation of the financial situation of Kisselburg, Kisselburg had probable cause to be charged with arson.

“Inaccurate statements made to myself supported by scientific training and a follow-up investigation of the financial situation of Kisselburg indicate that Kisselburg had probable cause to be charged with arson,” Rust testified previously.

Baker said there where no financial problems, but Linda Smith, a former employee who was injured at the daycare, previously testified that Kisselburg would not reimburse her for an injury she sustained while working.

Smith testified that on the day of the injury Kisselburg took her to her family physician who told Smith that she needed to be treated at the emergency room. Kisselburg took Smith to Sequoyah Memorial Hospital in Sallisaw. She said Kisselburg later told her that if she (Smith) would file the medical charges on her (Smith’s) personal insurance that she (Kisselburg) would reimburse her later.

Smith said Kisselburg did not reimburse her for any medical bills. According to the report, Smith said that Kisselburg told her that if she filed a Worker’s Compensation claim that the day care would have to close its doors.

“I have seen copies of Kisselburg paying $2,400 in medical bills for Smith,” Baker said. “Kisselburg did not have financial problems.”