Matthew Vashaw
Matthew Vashaw Credit: —Courtesy

Police allege surveillance video captured a Concord man setting fire to trash bags outside the Draft Sports Bar and Grill, where he was issued a no-trespass order after reportedly harassing customers.

Matthew Vashaw, 39, faces one count each of arson and attempted arson in connection with Tuesday’s early-morning incident outside the South Main Street bar. Vashaw was held without bail Wednesday following his arrest; however, his lawyers requested an evidentiary hearing before Judge Andrew Schulman on Thursday afternoon to determine if county prosecutors have sufficient evidence to detain him pending trial.

The Tuesday morning fire was the first of two reported in the same area within about 24 hours. As of late Thursday, no charges had been filed in connection with the Wednesday morning fire.

Concord police Officer Jonathan Galvin responded to the Draft early Wednesday after an employee, who was attempting to close, reported finding part of the building on fire outside, according to a sworn affidavit filed in Merrimack County Superior Court. The employee was able to quickly extinguish the fire. But he and a co-worker expressed concern that the fire may have been intentionally set by Vashaw, who was removed from the bar.

Early Tuesday morning, police responded to the Draft to issue Vashaw a no-trespass order and, in the ensuing hours, he repeatedly called the bar to make “threatening and harassing statements” to anyone who answered the telephone, the affidavit says. One employee said Vashaw also approached the Draft and demanded to know who had signed the trespass paperwork.

The same employee told police that on Tuesday at about 1:30 a.m. he disposed of trash bags near one of the loading docks at the rear of the building. Approximately two hours later, he said, he returned outside to find the trash had burned down to a pile of ash. He reported that the bags were next to a large grease pan and underneath a wooden overhang, and he didn’t know at the time whether a discarded cigarette had accidentally sparked the fire, according to the affidavit. As a result, he did not report that fire at the time.

But when a second fire started in the same area roughly 24 hours later, the employee believed the situation was no coincidence and called police.

The Concord Fire Department also responded to the call Wednesday and checked for a possible extension of the fire into the building. Investigators from Concord and Manchester determined Wednesday morning’s fire had been intentionally set, although it remains under investigation.

Police charged Vashaw with setting Tuesday’s fire outside the bar after reviewing video surveillance footage. Galvin wrote in his affidavit that Vashaw is seen approaching the pile of trash while holding a red gas can. The video shows Vashaw pouring liquid, presumed to be gasoline, from the can onto the trash, and it then ignites, the affidavit says.

The arson case is the second criminal case brought by Concord police against Vashaw this week. Police said in the hours after he was issued a no-trespass order at the Draft, he was charged with disorderly conduct for allegedly throwing coffee a Dunkin’ employee.  Vashaw was taken into protective custody due to his intoxication and later released.