After a jury trial, Tito Flores Vega was found guilty of the felony murder of Sammy Avilla during the commission of arson in the first degree. The trial court entered judgment of conviction and sentenced Vega to life imprisonment. The trial court denied a motion for new trial, and Vega appeals.1 1. Vega contends that the trial court erred in denying a motion for directed verdict. Construed most strongly in support of the jury’s verdict, the evidence shows that Carlos Maye saw a fire in an abandoned building as he drove by. He turned around, stopped, and observed Vega tossing several tires onto the fire while it continued to grow larger. After being restrained by Mr. Maye, Vega said that somebody died and told another person that someone was inside the building. Subsequent to his arrest, Vega admitted his involvement to two other inmates. The victim’s body was discovered in the building, and the cause of the fire was determined to be arson. The victim’s death was caused by smoke inhalation and thermal injury.
Vega argues that the evidence fails to show that he deliberately or intentionally set the fire, or that he had ignitable materials with him. He relies on evidence that a man matching the description of Jesse Padilla, who was an acquaintance of the victim and was known as a troublemaker, left the burning building and subsequently told people that the victim was burned. However, a “person commits the offense of arson in the first degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage” specified property under certain circumstances. OCGA § 16-7-60 a. That statute does not require that the accused personally set the fire or possess ignitable materials. The evidence is sufficient where, as here, the defendant knowingly damages or knowingly aids or abets another to damage property by adding fuel to a fire. Although Vega further relies on evidence that tires do not catch fire easily and that an attempt to use the tires to smother the fire could inadvertently worsen it, there was not any evidence that Vega was trying to put out the fire. Indeed, he never made that claim when Mr. Maye asked him what he was doing or when he was talking to another person on the scene. Furthermore, the evidence shows that the fire continued to grow larger as Vega tossed the tires on it.
