SAN MARCOS — A Hays County Grand Jury issued a no-bill this week in the arson causing death case against Jacobe Ferguson, who was accused of starting the 2018 fire at the Iconic Village apartments in San Marcos. A no-bill means that a grand jury did not find sufficient evidence to issue an indictment against a person accused of a felony in Texas.

The Grand Jury met several times over the course of two months and diligently considered the evidence related to the arson investigation, a Hays County press release stated. Following the presentation, the Grand Jury issued a no-bill that stated that they “failed to find a bill of indictment against the accused” and that they “encourage law enforcement to continue this investigation.”

On July 20, 2018, the San Marcos Fire Department (SMFD) responded to calls of an ongoing at the Iconic Village Apartments; the fire killed five young adults, as well as caused injuries to others and displaced over 200 more individuals, as previously reported by the Hays Free Press.

The case remained unsolved until a task force that included the Bureau of Alcohol, Tobacco, Firearms and Explosives, Texas Rangers, the San Marcos Fire Marshal and San Marcos Police obtained an arrest warrant accusing Ferguson in July 2023 of arson causing bodily injury/death, a first-degree felony. Ferguson was held in jail for a time, but has been free on bond awaiting a decision on the matter since 2023.

The decision of the grand jury releases Ferguson from that bond.

Criminal District Attorney Kelly Higgins pledged that his office would continue to work with law enforcement to ensure that the investigation into the fire continues.

“I want to thank the members of the Grand Jury for their time and attention to this matter. I also want to thank the families of the young people killed and injured in this tragic fire for their patience and understanding,” Higgins said. “We feel for their loss every day and we remain committed to bringing the arsonist to justice to provide closure to those who have lost so much. We take the Grand Jury’s encouragement to continue the investigation to heart and will continue to work with the task force to that end.”