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Man faces up to 80 years in prison for 2023 arson spree in Gaithersburg

Fernando J. Herrera pleaded guilty to four counts of second-degree arson.

GAITHERSBURG, Md. — Almost a year after a series of arson attacks left two businesses torched, a Gaithersburg Police Department Building and a Toyota Camry, the man responsible has pleaded guilty to the crimes.

The Montgomery County State's Attorney's Office announced the plea agreement on Thursday. Fernando Herrera-Rivera, 24, faces up to 80 years in prison. A sentencing hearing is scheduled for Nov. 26. 

According to court documents, firefighters were first called to a building fire at 433 S. Frederick Avenue in Gaithersburg around 2:20 a.m. on Sept. 17, 2023. When crews arrived, they found two fires at separate businesses inside the building. One fire was in the Dock of the Bay Beer and Wine store. A second blaze was discovered a few doors down at the El Salvadoreno Latin Market. Both businesses had their glass doors smashed into using landscaping rocks nearby, according to documents. 

Inside the Dock of the Bay Beer and Wine store was a half burned two-and-a-half gallon red gas can on the floor near the main entrance. The store's owner told police he had two gas cans in his vehicle, which was parked nearby. The vehicle had been broken into and one gas can was missing. 

While crews were still fighting the fires at the businesses, a fire alarm was reported at the Gaithersburg City Police Station. Due to the previous fire activity, the police station was empty at the time. An officer responded and found smoke in the building, but could not locate the source of the fire immediately. Eventually, the officer learned the building's siding had been set on fire. Firefighters responded and were able to extinguish the flames before they spread. Surveillance video from the police station showed a man lighting the fire.

About 10 minutes later, a 911 caller reported a vehicle was on fire at 3 Russell Avenue. According to court documents, that's less than a half of a mile away from the police station. Montgomery County firefighters responded and found the car ablaze. Flames spread to a nearby building, which housed several businesses. 

Investigators recovered more surveillance video at this scene, which showed a man stuffing newspaper under the 2019 Toyota Camry and lighting it on fire. Documents say the man was similar in size and stature to the man seen in the police station surveillance video. 

After reviewing all surveillance video and interviewing witnesses, police developed a suspect description and put it out over the radio. About 90 minutes after the first fire call, a Montgomery County Police officer spotted a man who matched the description and took him into custody. 

The suspect was later identified as Herrera-Rivera. Documents say when he was detained, he was in possession of 20 lighters. Lighters of the same brand and style were found at the scene of the Frederick Avenue fires.

Following his arrest, police noticed burns and blisters on Herrera-Rivera's hands and fingers. 

He was charged with several counts of second-degree arson and has been in custody since. 

During a plea hearing on Wednesday, Herrera-Rivera pleaded guilty to four counts of second-degree arson for the vehicle fire, police station fire, and the two business fires on South Frederick Avenue. 

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