“You’re all insane!” his wife screamed, pointing toward the Miami County Common Pleas jury. Bailiffs escorted the two as jurors left the county Safety Building.
“I have to tell my kids this,” Charity Clay screamed as another of her husband’s supporters called for a TV camera to stop videotaping the family and friends.
The jury deliberated just more than 2 ½ hours.
Clay, 42, was accused of setting fire to his home days after he was indicted for sexual battery stemming from a relationship with a 15-year-old girl. He was found guilty of that charge in October 2008 and sentenced to five years in prison.
He faces up to eight years on the aggravated arson charge when he is sentenced Monday, Sept. 21, by Judge Robert Lindeman.
Clay told investigators that he and his children, ages 7 and 9, were watching a movie in a bedroom of their home on Troy-Sidney Road about 9 p.m. the night of the fire when he heard something and went to check.
He said he looked out of the bedroom door, saw two intruders, locked the children in a bathroom and went back into the hallway. There, he said, one of the intruders threw a fireball toward him and the hall erupted in flames.
Outside the house, investigators found his car spray painted with the words “leave,” “guilty,” and a racial epithet.
During the three-day trial, fire investigators testified that there was no doubt the fire was set by someone who poured gasoline in the hallway.
Other trial witnesses, including Good Samaritans who stopped to help that night, said Clay told conflicting stories about what happened in the minutes leading to the fire.
Prosecutors claimed Clay set the fire to generate sympathy, to portray himself as a victim of racial discrimination and innocent of the sex charge.
Evidence viewed by the jury included a surveillance videotape of what appeared to be a black male buying a gas can at a gas station in Troy a few days before the fire.
Jurors asked to see that video again during their deliberations. They also saw a short portion of a video shot by WHIO-TV the night of the fire. Prosecutors used it to show how Clay, who has lost considerable weight while in prison, looked at the time of the fire.
“I think justice was served,” county Prosecutor Gary Nasal said.
Jim Bennett, first assistant county prosecutor who tried the case, said he thought the gas station video, fire marshal’s testimony and a fleece jacket that smelled of gasoline were the key pieces of evidence.
Defense lawyer Griff Nowicki called the verdict “unfortunate.”
He said Clay continues to be punished for the initial charge of sexual battery. Nowicki’s bid to move the case out of the county because of pretrial publicity was denied.
“This is a bad venue for this (the trial) to happen here in light of the previous case he was involved in,” he said.
Contact this reporter at (937) 225-2292 or nbowman@DaytonDailyNews.com.
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