ALFRED — On Wednesday, a York County grand jury handed down an indictment against a Biddeford man for arson.

Jason McGarey, 40, of 235 Pool St., Biddeford, is charged with setting a fire at a two-unit apartment building at 5 Simard Ave. on Sept. 21.

Arson is a Class A felony that carries a maximum prison sentence of 30 years in prison.

An indictment is not a finding of guilt, but a determination that enough evidence exists to commence prosecution.

No one was injured in the fire that was contained to the second floor, said Fire Chief Joseph Warren in a telephone interview in September; however, the owners of the building and their dog were displaced.

He said the fire was discovered by a police officer who was summoned by the homeowners, who lived on the first floor, after they reported hearing an intruder on the floor above them.

The State Fire Marshal’s Office reported that McGarey broke into the second floor of the building and set several fires, according to Maine State Police spokesman Steve McCausland in a news release.

He said McGarey’s former girlfriend, who is also the mother of his child, had lived in the second-floor unit shortly before the fires were set.

The unit was empty at the time of the fire after a police event had occurred at the apartment earlier this month, said Biddeford Police Chief Joseph Warren.

The apartment that was torched had earlier been the subject of a search warrant by the Maine Drug Enforcement Agency, said Assistant District Attorney John Connolly during McGarey’s first court appearance in September.

The defendant’s criminal history includes a 2011 conviction for violating a protection order, and convictions in 2003 on drunk driving and habitual offender, said Connolly. In the 1990s, he was convicted of aggravated criminal mischief and theft by receiving stolen property.

— Senior Staff Writer Tammy Wells contributed to this story. Staff Writer Dina Mendros can be contacted at 282-1535, ext. 324 or [email protected].