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Thursday, July 30, 2009
Club Ivy firesetter convicted of murder
DAYTON — James D. Williams III, accused of setting the Aug. 26 fire at the Club Ivy which killed the club’s chef, was convicted of two counts of aggravated arson and two counts of murder Thursday, July 30.
Williams has been on trial since Monday. The jury got the case late Wednesday, then decided to continue deliberations on Thursday morning. The verdict was announced after 1 p.m.
Williams was accused of setting the Aug. 26 fire at the Club Ivy, 3509 N. Main St. The fire claimed the life of Robert C. Fabia, 50, who was the chef and was still inside the structure.
The jury convicted Williams of: — One count of aggravated arson, under the part of the statute that covers an occupied structure. — One count of aggravated arson, under the part of the statute that covers agreement for hire. — Two counts of felony murder, which were contingent on convictions for the two aggravated arson counts. — One count of arson. — One count of involuntary manslaughter, which was contingent on a conviction for the arson count. — Two counts of possessing criminal tools, for the ladder and gas can that were used in the crime.
The jury acquitted Williams of a third count of aggravated arson, this one under the part of the statute that covers harm to a person, and a murder count that was contingent on that aggravated arson count.
Under Ohio law, a person can be convicted of murder, even if the defendant did not purposely kill another, should the defendant be convicted of certain high-level felonies, such as aggravated arson.
Williams, 28, of Trotwood, will be sentenced Aug. 13 by Montgomery County Common Pleas Judge Mary Wiseman. The murder and involuntary manslaughter counts will likely merge for the purposes of sentencing, since they all cover the same death. Involuntary manslaughter is a first-degree felony, punishable by up to 10 years in prison. Murder is an unclassified offense and is punishable by 15 years to life in prison.
Defense attorney Douglas Hess told the jury Wednesday that Williams was only guilty of arson, and that he had no idea that someone was inside the building, which was set on fire between 1 and 2 a.m. He urged the jury to reject the three aggravated arson and murder counts.
