Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, July 18, 1995 TAG: 9507180074
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
When a historic Roanoke church went up in flames on an April afternoon, one person stood out in the crowd that quickly gathered.
An 11-year-old boy, standing away from the other spectators, watched with wide-eyed fascination as flames shot through the belfry of the First Baptist Church in Gainsboro. The youth was so awestruck by the chaotic scene that a fire investigator noticed him and took his photograph.
The photo later was used in an investigation that led to the arrests of the boy and his 16-year-old cousin on charges of setting fire to one of the Gainsboro area's most cherished landmarks.
On Monday, a Roanoke judge cited concerns about the 11-year-old's "fascination with fire" as he ordered him to receive counseling and to complete a fire safety program provided by the Fire Department.
Juvenile and Domestic Relations Judge John B. Ferguson last month had sentenced the 16-year-old to an indeterminate term in a juvenile detention home, but opted for a more lenient sentence for the younger cousin.
Prosecutor Joel Branscom and defense attorney Tom Wray agreed that the 11-year-old was not the instigator in the April 22 fire, which was started inside the church with a smoldering cigarette and two wine bottles filled with gasoline.
The youth was charged with arson as a principle in the second degree, meaning that he was not as involved as the 16-year-old.
The boy's mother testified that "as long as he is with his cousin, they do manage to get in some kind of trouble."
Wray said earlier that his client was too young to appreciate the historic significance of the church, which prosecutors said the boys set on fire just because they wanted to see something burn.
"Do you understand what you did?" Ferguson asked the 11-year-old. The boy, who is so small that he almost had to climb into his courtroom chair, shrugged his shoulders and said nothing.
Ferguson then convicted the youth of arson, ordered him to receive family and individual counseling and a complete psychological evaluation, and to enroll in the fire safety program. The judge also scheduled a Sept. 18 court date to receive an update on the 11-year-old's progress.
Although the 11-year-old seemed fascinated by the church fire, Branscom said he was not aware of any previous problems or charges involving the youth. The 11-year-old's mother said she never had any problems with him playing with matches, although "he does like to watch firetrucks."
She said her son, who has been staying busy with summer camp and a library program since the charges were filed, probably would benefit from the counseling that Ferguson ordered.
Juvenile court proceedings usually are closed to the public by state law, but Ferguson allowed reporters to attend Monday on the condition that the 11-year-old not be identified.
Earlier testimony has shown that the two boys, who lived within a few blocks of the church, filled two wine bottles with gasoline the morning of April 22 and set out to torch the church.
Several witnesses spotted the boys on their way to the church, and one man saw them jumping out of a church window as flames and smoke began to come from the building.
While the 16-year-old fled, his younger cousin stuck around to watch. When police tracked the youths down a week later, they admitted setting the fire, but each sought to put most of the blame on the other.
The fire caused about $100,000 in damage, and members of the First Baptist congregation - who have been using a newer church about a block away - have not decided if they will restore the building.
by CNB