Pizza Ranch owner to use alibi in defense

By JARED STRONG
j.strong@carrollspaper.com

The Pizza Ranch owner accused of helping set fire to his restaurant in January will claim he is innocent because he was not at the restaurant when it ignited, court records show.

Robert Schultz, 53, of Ankeny, faces charges of arson, criminal mischief and insurance fraud for the Jan. 27 fire. The most serious charge is punishable by up to 25 years in prison.

Schultz was at his Ankeny home when the fire started about midnight, his wife will testify, according to court records. Cellphone records that show his phone’s location are also expected to back the claim.

Prosecutors have not alleged that Schultz was present when the fire began. Instead, they point to a text-message conversation between Schultz and his brother in the hours before the fire in which the brother says: “I know it didn’t work last time I will try to make sure it happens this time.”

About an hour after the fire, the brother messaged: “Go.”

Several residents reported a strong smell of gasoline at the restaurant about two weeks before the blaze, and Schultz claimed he had taken a gas canister into the restaurant to give to an employee but spilled it.

Police officers have made several requests for cellphone records to determine the locations of Schultz and his brother at the time of the fire.

They allege Schultz was deeply in debt and colluded with someone to burn down the building to collect a big insurance payout.

Under Iowa law, prosecutors don’t need to prove Schultz was at the restaurant when the fire began — those who aid someone in committing a crime are also guilty of the crime.

Schultz’s attorney has asked a judge to suppress the initial arson evidence investigators obtained because they did so without a warrant, but County Attorney Nicola Martino argues they didn’t need one. A hearing on the matter was held Monday, and a judge has yet to rule on it.