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Second man indicted in Club Ivy arson
DAYTON — A second man has been indicted on charges connected to the Club Ivy fire, which killed chef Robert Fabia on Aug. 26, 2008.
The Montgomery County grand jury on Thursday, Oct. 22, indicted Anthony Lee Berry on three counts of aggravated arson, one count of arson and three counts of murder. All three murder counts are from a proximate result of the aggravated arson counts.
Berry, 40, also known as Anthony Blakely, was arrested Oct. 13.
The fire is believed to have been set by James D. Williams, 28, of Trotwood. Montgomery County Common Pleas Judge Mary Wiseman sentenced Williams to 15 years to life in prison Sept. 10.
The jury convicted Williams on July 30 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.
Police have said that it appeared to be an arson-for-hire and that more arrests could follow. The owner of the club, 3509 N. Main St., is not a suspect, police said.
Fire crews found Fabia underneath burned debris and ash inside the club, where he was known to sleep overnight on a couch at the club.
During Williams trial Williams’ girlfriend testified that he told her he was going to do “a job” the night the club was set ablaze.
Williams returned with a couple of hundred dollars and asked her to watch the television news for him.
When Williams learned someone died in the fire, he was mortified, his former girlfriend testified.
Williams’ family contends he didn’t know Fabia was inside.
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