P.

BACKGROUND

Nageb Ali Abuzaid owned the El Amigo Market in Stockton, and lived in one of the apartments above the store. Defendant had lived in another apartment above the market and worked for Abuzaid from August 2009 until June 2010. Around 2:00 a.m. on November 9, 2010, Stockton Police Officer Walt Vancil observed the market on fire. The flames appeared to be coming from the door and, on closer inspection, Vancil observed a pile of charred or burnt paper material in the lower right portion of the doorway. As Vancil approached the market, defendant and Abuzaid were standing a few feet apart near the front door. Abuzaid seemed “pretty angry” and was yelling at defendant. Vancil instructed the men to go to the park across the street. As Vancil and the men walked away from the building, Abuzaid said that “[defendant] fucking burnt my store down.” Vancil noticed “an ashy particulate matter” that looked like “burnt paper” on defendant’s head, clothing and shoulders, and his hands were black with soot and ash. Abuzaid did not have any “ashy matter” on his body or black soot on his hands. Vancil detained defendant to investigate whether he was involved with the fire. He searched him…