Santa Clara County DA Drops Arson Case Against Richard Tillman as Federal Case Continues

Santa Clara County prosecutors on Monday dismissed their arson case against Richard Tillman in connection with a San José post office fire, in light of an ongoing federal case against him for the same incident.

Tillman, the younger brother of late NFL player and Army Ranger Pat Tillman Jr., was facing three state felony charges in county court, including arson and vandalism, after he was arrested July 20 near a burning post office in South San José.

On Friday, Tillman was formally arraigned in federal court in San José on one count of malicious destruction of government property by fire stemming from the same alleged actions, following his Aug. 7 indictment by a grand jury. He entered a plea of not guilty through his attorney.

The federal charge carries a minimum of five years in prison if convicted, and a maximum of 20 years, along with possible fines and penalties. He is scheduled to appear in federal court again on Oct. 20.

Emily Lessard, a deputy district attorney in Santa Clara County, moved to dismiss the state case in a San José courtroom this morning, in light of the federal prosecution for the same alleged conduct.

“The goal is to ensure accountability while preserving judicial economy,” Lessard told KQED in an emailed statement.

Tillman’s case in Santa Clara County was suspended in late July by a judge until doctors could evaluate Tillman to determine whether he was competent enough to stand trial for his alleged actions.

In investigative documents filed in court, both federal postal inspectors and local authorities have alleged that Tillman loaded his car with fireplace “insta-logs” he bought from a grocery store, soaked them in lighter fluid, and backed his car into the post office in the early morning hours of July 20.

He then used a match to light the car on fire, causing significant damage to the building, officials said.

Police said that when an officer spoke to Tillman, he was livestreaming the incident from his phone to his YouTube account and was “trying to make a statement to the United States Government.”

While his family and attorneys at both the local and federal levels have declined to comment on the case, his brother, Kevin Tillman, issued a statement on his family’s behalf shortly after the arrest in July, saying Richard Tillman has been dealing with “severe mental health issues” for years.

“He has been livestreaming, what I’ll call, his altered self on social media for anyone to witness. Unfortunately, securing the proper care and support for him has proven incredibly difficult — or rather, impossible. As a result, none of this is as shocking as it should be,” the statement said.