Plea set today in case where woman's body was found burned in northwest Austin fire ...Middle East

News by : (KXAN) -

AUSTIN (KXAN) -- In September 2023, firefighters found the body of Melissa Davis, 33, while responding to a grass fire on Mesa Drive, a residential street in the Northwest Hills area.

Andrew Cole, 47, faces assault and evidence tampering charges in connection to this case. He is currently in custody and scheduled for a plea hearing Wednesday at the Travis County Courthouse, according to online records.

Cameras are not allowed inside the courtroom, but KXAN will provide online updates from inside.

Andrew Cole, 47, is set for a plea hearing today. In Sept. 2023, firefighters found the body of Melissa Davis, 33, as they responded to a fire in the NW Hills area. Cole faces assault and evidence tampering charges in connection with this case. @KXAN_News pic.twitter.com/0dQ36Kquv9

— Brianna Hollis (@BriHollisNEWS) May 28, 2025

The case

On September 29, 2023, AFD responded to a grass fire just after 5 a.m. While knocking down the blaze, they found a body, and immediately notified police, as KXAN previously reported.

“I haven’t seen things like this in the neighborhood,” one person who lives in the neighborhood told KXAN at the time. “A lot of citizens here are trying to live decent, hard-working lives.”

About one month after the fire, APD arrested Cole.

Investigators alleged that Cole was with Davis during her death and then tampered with evidence when he “removed the victim from his hotel room, drove the victim to a neighborhood, placed the victim on the side of the road and lit her on fire,” according to an arrest affidavit.

Search warrant: Police believe woman found in west Austin fire burned alive

However, it is important to note, Cole does not face any murder charges in this case.

Cole's affidavit states investigators used evidence from surveillance cameras and Cole's and Davis' phone records to tie Cole to the case.

KXAN will update this story as court proceedings continue.

Court records: Original judge recused from case

According to court records, previously presiding Judge Chantal Eldridge "made pervasive 'off-the-cuff' statements about the case to the effect of 'oh, yeah, this is the case where he killed her and tried to destroy her body?' and 'well, how do we know he didn't kill her and then try to dispose of her body?'" even though the investigation "did not involve murder or the use of a deadly weapon."

On April 30th, the State and Defense met with the Eldridge in her chambers to let her know a plea agreement had been tentatively reached. As stated in the motion to recuse the judge, prosecutors said the victim's family was dissatisfied with the plea, but would feel better if it was determined a deadly weapon was used in the offense, which would impact Cole's eligibility for parole.

The Defense objected to that on "various grounds," but Eldridge then "interjected and stated, for the first time, that her sister was burned in an arson fire and homicide investigation."

This took both the State and Defense "by surprise," and the recusal motion stated Eldridge's "impartiality might reasonably be questioned" and "she has a personal bias or prejudice concerning the subject matter or party."

The courts ultimately ruled in favor of the recusal, and Judge Melissa Goodwin, a senior appellate judge, is presiding over the plea.

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