Theft Charge Dismissed In Grevenstuk Case
July 28, 2016 at 4:25 p.m.
One of four charges pending against the teen-ager accused of burning the Leesburg Grace Brethren Church was dismissed this morning after the defense moved for a judgment on evidence.
Kosciusko Circuit Court Judge Rex Reed dismissed one count of attempted theft because he didn't think that the state had sufficient evidence. The other three charges - arson, burglary and theft - will remain in place for the trial.
Timothy Grevenstuk allegedly introduced himself as the "church burner," two former inmates of Kosciusko County Jail testified Tuesday.
Gene England and Nathan Olinger both testified that Grevenstuk was a fellow inmate in their cell block at the jail in the fall of 1997. Both men said Grevenstuk called himself the "church burner" and allegedly threatened to burn down Olinger's house if Olinger did not stop teasing him.
Grevenstuk is charged with arson causing bodily injury, a Class A felony, for allegedly setting the fire that destroyed the Leesburg Grace Brethren Church on July 22.
Grevenstuk's parents, Sheila and Michael Grevenstuk, testified for the defense this morning in hopes of establishing an alibi for their son. It was pointed out in court that both are convicted arsonists, but neither could recall what type of accelerant was used to start the fire that destroyed their Milford home several years ago.
Sheila Grevenstuk told the court that Timothy was either outside playing basketball or in the home the entire time during the late evening on July 21, and that he was on the floor of the living room watching television and dozing off about 1:30 a.m. July 22.
Michael Grevenstuk said that he was sleeping on couch at the time, but saw Timothy playing basketball at one point in the evening. After that, he didn't know where his son was.
England and Olinger were the last witnesses for the prosecution Tuesday afternoon. The final prosecution witness called today was David Albritten, an ATF agent.
Olinger testified that he was teasing Grevenstuk one night in the cell block and Grevenstuk allegedly said, "If you don't shut up right now, I'll do your house like I did the church."
The defense asked both men if they received any modifications to their sentences for testifying, but both said they did not.
A 15-year-old girl testified Tuesday that Grevenstuk allegedly told her he burned down the church. He then reportedly threatened to kill her if she told anyone.
The girl said she was dating a friend of Grevenstuk at the time of the fire. She testified that Grevenstuk called her several days after the fire and allegedly said that he started the fire to set up her boyfriend.
Grevenstuk called her again a few days later, the girl said. He allegedly told her not to say anything to police and if she did, he would shoot her.
The girl said she was very scared by the threat and walked to a friend's house. On the way there, she said, Grevenstuk stepped out of a car and showed her a gun, again reportedly saying she should not tell anyone.
Brigett Hiatt was called to the stand to testify with use immunity, meaning what she said in Grevenstuk's trial could not be used against her in her own upcoming felony trial.
She said that she was with Grevenstuk the night and early morning hours the fire began. Hiatt testified under immunity that she and Grevenstuk siphoned gasoline from cars that night. Grevenstuk was away from her for almost half an hour in the early morning, she said. When he came back into the room, she said, he was sweaty and out of breath.
An expert witness from Barker-Herbert Labs, New Haven, testified earlier Tuesday that floor samples from the church showed that gasoline was used to set and spread the fire.
Hiatt's testimony was questioned under cross-examination, and she seemed to become confused with the times and dates.
Later in a redirect by Kosciusko County Prosecutor David Kolbe, Hiatt said that she was confused by the questioning but was certain of the facts.
Ruth Klein, a former girlfriend of Grevenstuk, testified that he told her in the middle of July that he would do something that Klein would hear about on the news and read in the papers. Two of Klein's friends who were with her at the time testified that Grevenstuk said they would see and hear about him in the news.
The fire occurred a little over a week after the statements were allegedly made.
Grevenstuk is also charged with burglary of the church with the intent to commit arson, another Class A felony, and theft, a Class D felony.
The defense was continuing its case at press time today. [[In-content Ad]]
One of four charges pending against the teen-ager accused of burning the Leesburg Grace Brethren Church was dismissed this morning after the defense moved for a judgment on evidence.
Kosciusko Circuit Court Judge Rex Reed dismissed one count of attempted theft because he didn't think that the state had sufficient evidence. The other three charges - arson, burglary and theft - will remain in place for the trial.
Timothy Grevenstuk allegedly introduced himself as the "church burner," two former inmates of Kosciusko County Jail testified Tuesday.
Gene England and Nathan Olinger both testified that Grevenstuk was a fellow inmate in their cell block at the jail in the fall of 1997. Both men said Grevenstuk called himself the "church burner" and allegedly threatened to burn down Olinger's house if Olinger did not stop teasing him.
Grevenstuk is charged with arson causing bodily injury, a Class A felony, for allegedly setting the fire that destroyed the Leesburg Grace Brethren Church on July 22.
Grevenstuk's parents, Sheila and Michael Grevenstuk, testified for the defense this morning in hopes of establishing an alibi for their son. It was pointed out in court that both are convicted arsonists, but neither could recall what type of accelerant was used to start the fire that destroyed their Milford home several years ago.
Sheila Grevenstuk told the court that Timothy was either outside playing basketball or in the home the entire time during the late evening on July 21, and that he was on the floor of the living room watching television and dozing off about 1:30 a.m. July 22.
Michael Grevenstuk said that he was sleeping on couch at the time, but saw Timothy playing basketball at one point in the evening. After that, he didn't know where his son was.
England and Olinger were the last witnesses for the prosecution Tuesday afternoon. The final prosecution witness called today was David Albritten, an ATF agent.
Olinger testified that he was teasing Grevenstuk one night in the cell block and Grevenstuk allegedly said, "If you don't shut up right now, I'll do your house like I did the church."
The defense asked both men if they received any modifications to their sentences for testifying, but both said they did not.
A 15-year-old girl testified Tuesday that Grevenstuk allegedly told her he burned down the church. He then reportedly threatened to kill her if she told anyone.
The girl said she was dating a friend of Grevenstuk at the time of the fire. She testified that Grevenstuk called her several days after the fire and allegedly said that he started the fire to set up her boyfriend.
Grevenstuk called her again a few days later, the girl said. He allegedly told her not to say anything to police and if she did, he would shoot her.
The girl said she was very scared by the threat and walked to a friend's house. On the way there, she said, Grevenstuk stepped out of a car and showed her a gun, again reportedly saying she should not tell anyone.
Brigett Hiatt was called to the stand to testify with use immunity, meaning what she said in Grevenstuk's trial could not be used against her in her own upcoming felony trial.
She said that she was with Grevenstuk the night and early morning hours the fire began. Hiatt testified under immunity that she and Grevenstuk siphoned gasoline from cars that night. Grevenstuk was away from her for almost half an hour in the early morning, she said. When he came back into the room, she said, he was sweaty and out of breath.
An expert witness from Barker-Herbert Labs, New Haven, testified earlier Tuesday that floor samples from the church showed that gasoline was used to set and spread the fire.
Hiatt's testimony was questioned under cross-examination, and she seemed to become confused with the times and dates.
Later in a redirect by Kosciusko County Prosecutor David Kolbe, Hiatt said that she was confused by the questioning but was certain of the facts.
Ruth Klein, a former girlfriend of Grevenstuk, testified that he told her in the middle of July that he would do something that Klein would hear about on the news and read in the papers. Two of Klein's friends who were with her at the time testified that Grevenstuk said they would see and hear about him in the news.
The fire occurred a little over a week after the statements were allegedly made.
Grevenstuk is also charged with burglary of the church with the intent to commit arson, another Class A felony, and theft, a Class D felony.
The defense was continuing its case at press time today. [[In-content Ad]]