SAN MARCOS — Luis Alvarado, the San Marcos man charged with setting a March 28 fire that killed his two landlords, was found incompetent to stand trial over the summer and committed to a state hospital, according to the San Diego County District Attorney’s Office.
Michael and Kathryn Austin, who rented a room to Alvarado at their Lacebark Street home, were found dead in a second-story room after firefighters brought the flames under control enough to safely enter the home.
First responders arrived just before midnight to find the home engulfed in flames. Michael, 73, and Kathryn, 72, died in the fire, along with their dog, Journey.
Alvarado was charged with two counts of murder, and one count each of arson causing great bodily injury, arson of an inhabited structure and animal cruelty.
Alvarado was arraigned on murder and arson charges, but his attorney requested a mental competency examination, which Superior Court Judge Harry Elias ordered.
Dozens of the Austins’ family members attended the April arraignment, when Elias paused criminal proceedings pending the competency evaluation.
Tanya Sierra, a spokesperson for the District Attorney’s Office, said Alvarado can remain in state hospital custody for up to two years.
Within 90 days of his commitment, the state hospital’s executive director must submit a written report to the court outlining his progress toward competency. In Alvarado’s case, the report is due no later than Oct. 8.
Under Penal Code Section 1370, if he is found competent to stand trial at any point during the two-year commitment, he will be returned to court to face the charges. If he is still deemed incompetent after two years, he would be returned to the local court to determine the next steps.
At the April arraignment, the judge also terminated mental health diversion in two prior criminal cases against Alvarado that were ongoing at the time of the fire.
According to court records cited in The Coast News’ previous reporting, Alvarado was charged in October 2024 with exhibiting a deadly weapon and in January 2025 with harassment. He was referred to mental health diversion in both cases, allowing him to receive treatment with the possibility of having the charges cleared.
His most recent diversion review hearing before the fire was March 13, about two weeks before the Austins were killed.
A former roommate also sought restraining orders against Alvarado on two occasions. In court documents, she alleged that he threatened and intimidated her after moving in with her in 2024. She also alleged that he punched her friend in the face and struck her with a door while trying to push into the house. A deputy reported being unable to serve Alvarado with a temporary restraining order.
The Austins had several children and grandchildren. Family members described them as “loving, compassionate, and endlessly generous.”
“As their children, we are trying to process a loss that still feels impossible,” their son, Gabriel Austin, wrote on a GoFundMe page set up for the family. “They didn’t just talk about kindness; they lived it every single day. They led by example, teaching all of us that grace, understanding, and love matter in every moment.”
According to the family, Michael was known for his adventurous culinary creations, big personality and storytelling. Kathryn, known as Kathy, loved bowling and doing arts and crafts with her grandchildren and was a “safe place” for her children.
“I think these two people were beloved parents, beloved members of the community, and their loss is incredibly tragic,” Deputy District Attorney Tatiana Nicola said at the arraignment.
