Man who set fire in downtown Raleigh store after George Floyd protest is going to prison
A man who pleaded guilty Tuesday to setting merchandise on fire in a downtown Raleigh grocery store during a night of George Floyd protests could spend up to 20 years in prison.
Surveillance video from the Dollar General Express on East Davie Street showed Richard Rubalcava of Raleigh coming in and out of the store May 30, stealing items multiple times and setting fire to items in the store.
Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives arrested the 27-year-old on June 18, 2020.
Court records show Rubalcava has mental illness.
He was indicted on two counts of maliciously damaging or destroying, or attempting to damage or destroy, by means of fire or an explosive, any building or other real or personal property affecting interstate or foreign commerce, according to a news release from the U.S. Attorney of the Eastern District of North Carolina.
Rubalcava is also accused of attempting to start a fire in the Budacai restaurant in downtown Raleigh. On May 31, Rubalcava entered Budacai three times, according to surveillance video, a criminal complaint against him stated.
The second time he entered, he stole the cash register. The third time, he tried to light a plant on fire. After it would not ignite, he lit a towel on fire, but the flame burned itself out, the criminal complaint stated.
In an interview with a Raleigh police officer, Rubalcava said he tried to light the fire so people in the restaurant would leave him alone, but “it didn’t turn out right.”
Ruled competent to stand trial
Rubalcava was admitted to the Federal Correctional Institution in Butner, N.C., on July 15 for a psychiatric evaluation. He had to remain in quarantine for 21 days because of the COVID-19 pandemic.
The warden, R. Ramos, wrote in a letter to Judge James E. Gates that Rubalcava would get access to routine and emergency mental health care during quarantine, but the facility would not be able to conduct interviews or psychological testing.
On Sept. 21 2020, the warden informed the court that Rubalcava’s psychiatric evaluation had been conducted.
Heather H. Ross, a forensic psychologist at Butner, diagnosed Rubalcava with several mental health conditions, including borderline personality order, borderline intellectual functioning, cocaine use disorder, methamphetamine use disorder, cannabis abuse disorder, unspecified depressive disorder, attention-deficit/hyperactivity disorder and post-traumatic stress disorder, court documents state.
Still, Ross believed Rubalcava could understand the nature and consequences of court proceedings, could assist in his defense and thus, was competent to stand trial, court documents state. Rubalcava did not contest the report or provide evidence contrary to its findings, according to the documents.
Gates ruled Rubalcava competent to stand trial based on the report during an October competency hearing.
Rubalcava faces a minimum of five years, and a maximum of 20 years in prison, and a maximum fine of $250,000, according to the U.S. Attorney’s Office.
This story was originally published March 23, 2021 at 12:08 PM.