Two of Marshal Billy Cloud’s most crucial investigations – one into possible misuse of public money by the Chamber of Commerce and another into a fire that nearly turned Tombstone’s historic district into a pile of ashes – remain incomplete months after work began.

Cloud still refuses to release the preliminary draft of an audit into the spending of taxpayer money by the chamber, and promised a report before Dec. 8, the one-year anniversary of the Six Gun City fire.

Even though he said there is decreased possibility its final results may lead to a criminal investigation, Cloud would not release the preliminary draft of the chamber audit to the Epitaph.

The audit was ordered by the chamber and financed using public funds. It is expected to reveal financial details of the previous chamber’s administration, who acting as quasi-government officials were responsible for using public monies to promote Tombstone as a tourist destination.

Cloud said his office is not conducting a criminal investigation, but may still launch one. There is no statute of limitation for prosecuting someone for misusing public funds.

Despite Arizona First Amendment Coalition member Daniel Barr’s opinion that Cloud is legally bound to release the audit, the marshal said he will wait until he has the audit’s final copy and completed the investigation.

He said if the Epitaph wants to file a lawsuit to force disclosure, the paper should go ahead because by the time the case gets in front of a judge, he expects his investigation to be complete.

“I’m handling it (the investigation) more with kid gloves because of the possibility that there were public funds misused,” he said. “In the economy we have, every dime that every community has is vitally important.”

The marshal also said he wants to avoid putting the city in a liable position by using data that has yet to be given full context.

“In all fairness, it’s the draft report,” he said. “I think the draft looks a lot worse than it actually is. I feel an obligation to protect those who have been accused before throwing it out there.”

City Clerk/Manager George Barnes thinks Cloud’s cautious approach is prudent.

“I think it is going to be a lot more non-news than news,” he said. “People in our organizations may make mistakes, but there is a difference between a malicious mistake and an honest mistake.”

More than three months after the audit’s preliminary draft was scheduled for presentation to the mayor and council, the marshal’s office continues to gather data. Cloud said the chamber’s by-laws were not provided to the Arizona auditing firm, Heinfeld and Meech, prior to completing the preliminary draft. The laws establish chamber spending protocol and Cloud said their inclusion changed “the complexion of the (preliminary) report,” and rule out “some” of the possibility of criminal action.

Cloud is still waiting for the chamber’s board to decide on his September proposal to use a third party arbitrator to conduct interviews with former board members.

Unbeknownst to Cloud, the chamber already requested the audit’s “final copy” from Heinfeld and Meech.

“(We’re) trying to get this done and over with,” said Chamber President Susan Wallace.

Cloud said the investigation is “on the front burner” and once it is complete, he will ask either the Cochise County Attorney or the Arizona Attorney General to review its results.

“We just need to move it forward one way or another,” he said. “Or move it to closure.“

Every stove has more than one front burner, and the Six Gun City fire investigation is simmering right next to the chamber audit.

Cloud said Tombstone Fire Chief Jesse Grassman, Sierra Vista and Tucson investigators finished their portions of the investigation into the Six Gun City fire, but Cloud still has a couple of leads to follow up.

“I know people are kind of frustrated because it has been a lengthy investigation,” he said. “But all of that will be revealed once everything is filed.“

Six Gun City owner Mike Carrafa said Cloud has not given him an update on the investigation and has not interviewed him and his family.

“I’ve heard rumors it was a local competing business owner that hired outside people for the burn,” he said. “Basically as quick as it burned, and the way it burned there’s no way it started on its own.”

Troy Duncan, president of the Arizona Chapter of the International Association of Arson Investigators, said a fire investigation does not become an arson investigation until “there is evidence of arson found.” Although, he also said completing a fire investigation often yields more questions than answers.

“We do not have an answer for 20 to 30 percent of fires we investigate,” he said.

Duncan said a case without suspects requires an “extended amount of time” to investigate. And general timeframes for completing fire investigations vary depending on the municipality and the amount of resources at its disposal.

“Honestly,” he said. “On the public side, with the fiscal atmosphere, I don’t know what the time frame (for completing the investigation) would be.”

Cloud called completing the investigation a priority.

“The goal is by the end of November,” the marshal said.