AUGUSTA – An Augusta man was cleared of two arson charges Thursday after a two-day nonjury trial in Kennebec County Superior Court.

Jack D. Vogel, 53, had been accused of setting a fire Aug. 3, 2009, in an attic at 48 Middle St., a multi-unit apartment building where he was living.

The fire charred items in the attic but caused no structural damage.

Justice Nancy Mills presided at the trial and delivered the verdicts.

One arson charge accused Vogel of setting a fire that “recklessly endangered” a person or the property of another; the other charge accused him of setting a fire within an intent to damage property.

“The court found that she could not find beyond a reasonable doubt that he was the one who started the fire,” said the prosecutor, Assistant District Attorney Paul Rucha.

Andrews Campbell, Vogel’s attorney, said he and his client were pleased with the verdicts.

“This is a real victory,” Campbell said Friday. “Jack suffers mental challenges which include making statements that people take as threatening, but they are threats not fulfilled.”

Campbell said that, although Vogel had made threats about starting a fire, Vogel testified during the trial that “he has never set and would not set a fire.”

Campbell said Vogel’s accuser was a fellow tenant.

“She was the only eyewitness and actually did not see him set anything,” Campbell said Friday.

 

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