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The prosecution expects to rest its case today in the trial against David Francis, who is accused of helping his cousin burn down a house.
Francis went on trial Monday in Kosciusko Superior Court I and is charged with "knowingly or intentionally aiding another person to commit the crime of arson resulting in bodily injury," a Class A felony.
The prosecution must prove that Francis helped his cousin, Roger Hale, set a fire that destroyed Hale's house on Sept. 24, 1996.
Hale was found guilty of the arson in a trial April 22 and was sentenced Friday to 20 years in prison, the minimum sentence for the Class A felony.
Francis would face the same penalty if the jury finds him guilty.
Francis reportedly told police on Jan. 8, 1997, that Hale was having a difficult time dealing with his wife leaving him. In a statement to Det. Sgt. Sam Whitaker of the Kosciusko County Sheriff's Department, Francis said Hale reportedly talked about several different ways to burn down the house, including leaving a pan on the stove.
Hale allegedly used a torch to start the fire, Francis reported in his statement. Francis also told police that he allegedly brought the propane torch to Hale from the garage when Hale asked for it, then the two left the house.
The jury for Francis' trial was seated by noon Monday with the last possible juror being chosen.
Terry Himes, a firefighter who helped battle the blaze, testified about the interior damage of the house and that he believed the fire was intentional. "He did well under cross-examination," said Chief Deputy Prosecutor Byron Tinkey of Himes' testimony.
Mike Blair, the Atwood firefighter who was injured at the scene, also testified Monday about his injury.
Blair said he bumped his knee against a windowsill as he was entering a second story window of the house. He was reportedly going inside to put out hot spots in the upstairs of the home.
The knee injury required surgery and physical therapy, Blair said.
Tinkey said he expects to call Ron Klein, an expert witness from a Fort Wayne laboratory that examined the fire scene and evidence. Whitaker is also expected to testify about his investigation into the fire.
According to the law, even if Hale was acquitted or not prosecuted, the state could have still pursued Francis, Tinkey said. But because the charge against Hale was a Class A felony, Francis faces the same level felony.
