By NICHOLAS LEDDEN/Daily Inter Lake

Within days of a devastating fire March 18 at the Amore hair salon in Kalispell, investigators had ruled the incident arson and settled on a suspect.

A video camera " installed just days before the fire, after the salon's business sign was vandalized " recorded a woman approach the building and start the blaze.

"You see something flash and the suspect running away," Kalispell Police Department Detective Lt. Jim Brenden said.

And although the woman in the video has been positively identified by several people, prosecutors say they need additional evidence before filing charges.

The case isn't closed, but it is static. Almost eight months after the fire, an arrest has yet to be made.

The investigation is inactive pending the return of the surveillance tape from the state Department of Justice's Division of Criminal Investigation, where it was sent for enhancement.

"We're waiting for evidence to come back from the crime lab," said Deputy County Attorney Alison E. Howard. "I want to make sure we have the best information we can possibly obtain before filing charges."

Police investigators, who said they back Howard's decision, believe they have accumulated enough evidence to support charges, but that it might not be enough to get a conviction.

"The case is a good circumstantial case, but it's missing the elements that are tangible," Brenden said. "We're hoping that someone will come forward and report that the suspect had been talking, or bragging, or with some new information."

And while it's true about half a dozen people have positively identified the woman on the surveillance tape, about half a dozen others said they couldn't be sure, he added.

"The tough thing is that, statistically, arson is a… hard crime to prosecute because often the evidence is destroyed," Brenden said. "This one is a pretty frustrating case, actually, because lots of time and resources have gone into it and it's kind of at a dead end until someone comes forward."

Salon owner Tracy Anderson said she and her husband have considered filing a civil suit if criminal charges never materialize. Anderson said the suspect recorded on the surveillance video is a woman she had recently turned down for a job.

But Anderson also said she would prefer for the criminal justice system to take its course.

"For us to go the civil route, then we're provoking [the suspect]," Anderson said. "I can't put myself, my family or the people who work here in jeopardy. They should give us justice and let the jury decide, then I'd have to accept it."

Anderson said she has no doubt about the identity of the person on the surveillance tape, and no doubt there is enough evidence to file charges.

"It's solid stuff," Anderson said of the surveillance video. "We just want justice, you know?"

Anderson's attorney, Jack Quatman of Whitefish, said it wasn't clear to him what is holding back the County Attorney's Office.

"In my past life as a prosecutor, I tried arsons that are tougher than this one," said Quatman, who has a copy of the tape. "One can only hope that the video comes back from the crime lab enhanced, whatever that may be, and we go from there. I know the individual in that videotape is distinct enough to be identified, especially if you know who she is."

But, as Howard noted, arson does carry a five-year statute of limitations.

"The worst thing we could do for the Andersons is charge someone without the proper evidence and have them be acquitted," she said.

The fire was set on March 18, just weeks after the salon moved into its new location at 35 Fifth Ave. W.

Brenden said he believes the arsonist ignited an accelerant tossed through a basement window during the night. The surveillance video shows the suspect tap on the building's front door, leave, then return a few minutes later and approach the window well. The fire started in the salon's basement, just inside the window well, and the surveillance video records the initial flash of the igniting accelerant.

The fire burned for some time before Anderson arrived for work at about 6:45 a.m. After taking the previous day off to spend time with her son, Anderson said she came in early.

As she bent down to pick up the morning paper, she noticed smoke leaking out the door and called 911.

Firefighters quickly extinguished the blaze.

But water and smoke damage to the building was extensive. The finished basement had to be gutted, upstairs walls refurbished and beauty equipment replaced.

The day after the fire, the business temporarily moved back to Amore's old location on Second Avenue East North. But with repairs still under way, Amore moved back into its Fifth Avenue West location on April 8.

To date, fixing damage from the fire has cost about $300,000, Anderson said.

"I think we're back on our feet again," she said. "Emotionally, we went through a lot. It's such a violation."

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com