Criminal proceedings for a man accused of arson and murder in the deaths of a couple who had been renting him a room in their San Marcos home were paused Thursday after the man’s attorney raised questions about his mental competency.
Luis Ernesto Alvarado, 33, was arrested following the late Saturday night fire that destroyed the Lacebark Street home of Michael and Kathryn Austin, who were found dead inside. They were in their early 70s. Deputies arrested Alvarado at the scene.
He was slated to be arraigned in Vista Superior Court. But instead of entering a plea, he will undergo a mental evaluation. Judge Harry Elias suspended the proceedings for Alvarado and ordered that he continue to be jailed without bail.
Aside from the current case, Alvarado has two open misdemeanor cases, which were being addressed through a mental health diversion approach that allows defendants to undergo treatment in lieu of prosecution. Elias terminated diversion in those cases.
No new details of the homicide case were discussed during the very brief hearing, held in a large courtroom packed with the couple’s family and friends. Outside of court, Deputy District Attorney Tatiana Nicola said the victims were “beloved parents, beloved members of the community, and their loss is incredibly tragic.”
An aerial view of the home on Lacebark Street where Michael and Kathryn Austin were found dead following a suspected arson Saturday night. Luis Alvarado, a renter living at the home, has been arrested in connection with the deaths. (John Gastaldo / For The San Diego Union-Tribune)
According to the criminal complaint prosecutors filed, Alvarado is charged with two counts of murder, each with two special circumstances allegations — multiple murders and murder committed during an arson. He faces life without the possibility of parole or potentially the death penalty if convicted of those charges and allegations.
Alvarado additionally faces two counts of arson and one count of animal cruelty. The couple’s son said on a GoFundMe page that their dog, Journey, also died.
On that same GoFundMe page, their son said Michael Austin was known as Poppy, and he was “anything but average.” Kathy Austin was known as Grandma, and she “was just as incredible.” He liked “making the most interesting foods.” For her, bowling was a passion.
Both of Alvarado’s open misdemeanor cases were out of North County, according to the online court docket. In one case, he was charged in October 2024 with exhibiting a weapon. In the other, he was charged in February 2025 with threatening/annoying/repeated electronic communications.
On March 13 — slightly more than two weeks before the fire — Alvarado appeared in court for a review of those cases. Court documents state that his attorney had filed a declaration of treatment and that Alvarado was in compliance. The documents also indicated “possible completion at the next hearing,” which was slated for July.
The record also indicates he was free on his own recognizance.
Alvarado is due in a downtown courtroom in May to start the process to have his competency reviewed. The review process can take several weeks or months.