Sex offender’s house can be demolished before trial, judge says

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By Nancy Bowman, Staff Writer Updated 5:47 PM Monday, June 29, 2009

TROY — What remains of James H. Clay’s home on Troy-Sidney Road can be demolished before the former Troy Christian Schools coach is tried on a felony aggravated arson charge, but not until a photographer for the defense videotapes or takes still photos of the property, a Miami County judge ruled Monday, June 29.

Clay, 42, is serving a five-year sentence in the Chillicothe Correctional Institution on a separate charge of sexual battery. He was convicted by a jury last fall of illegal sexual conduct with a 15-year-old student at Troy Christian.

The fire at his home occurred Dec. 21, 2007, just days after Clay initially was arrested on the sexual battery charge and pleaded not guilty. A trial is scheduled in September. Clay was in court Monday, but made no comment.

Investigators said Clay told them he and two of his children, ages 7 and 9, fled the house between Troy and Piqua after someone broke in and started a fire. No one was injured.

Investigators found Clay’s car spray-painted with the words “guilty,” “leave” and a racial epithet.

In days following the fire, local ministers and Southern Christian Leadership Conference officials called for investigation of the fire as a possible hate crime. County Prosecutor Gary Nasal said the fire was “fully and thoroughly investigated and fairly presented” to the grand jury, which indicted Clay in March.

Prosecutors earlier this month filed a request seeking the court’s permission to demolish the structure at 5320 Troy-Sidney Road.

Griff Nowicki, Clay’s lawyer, did not oppose the request but asked for time to have the property photographed.

Common Pleas Judge Robert Lindeman said funds will be set aside for the photography or videotaping because Clay is legally indigent. The judge said the taping or photography work should be done by Aug. 1.

Photographs already have been taken by investigators and will be used in the court case against Clay, Jim Bennett, first assistant county prosecutor, said in court papers seeking permission to demolish. He said investigative work is done.

With the court approval, the county health department can begin the process of condemning the property so it can be removed, Nasal said. He said the property is both “an eyesore and a health hazard.”

The house also is in foreclosure, according to county court filings. Clay’s wife, Charity Clay, asked the court in late May to continue the case while the criminal charge was pending. That request was denied by Judge Jeffrey Welbaum.

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