photo by: Douglas County Sheriff's Office

Benjamin C. Roberts

A judge on Wednesday found probable cause to bind a man over for trial on his charge of aggravated arson, a midlevel-severity felony.

Benjamin C. Roberts, 28, is accused of intentionally starting a fire inside his apartment in the 500 block of Michigan Street. However, at the preliminary hearing in his case Wednesday, his attorney argued that the fire was accidental.

Prosecutor Eve Kemple brought in several witnesses, including two neighbors who lived in the apartment below Roberts and who had called in a noise complaint on July 1, shortly after midnight. The two women had also reported smelling strong fumes in the area. One said that “erratic behavior” was not uncommon from Roberts; the other said she tries “to have as little contact with Mr. Roberts as possible.”

Lt. Jason Love, a fire investigator with Lawrence-Douglas County Fire Medical, testified that from the evidence he found at the apartment and based on his training and expertise, he could tell the fire was not accidental.

As the Journal-World reported from the affidavit in the case, investigators reportedly found charred aerosol paint cans on the kitchen counter and in the fireplace. There was also some burnt clothing in a laundry basket, and Roberts had second-degree burns on his left arm and fingers, the affidavit said.

Roberts’ appointed defense attorney, Hatem Chahine, questioned how the evidence had been handled. For instance, Love testified on cross-examination that no items were sent to the Kansas Bureau of Investigation for further testing; his conclusions were based on his own observations of the items.

One of the neighbors testified that she was alarmed by loud noises that sounded like someone falling and had gone upstairs to make sure Roberts was not lying on the floor unconscious. She said she could see a candle burning just inside the front door. Love, however, testified that he did not recall seeing a candle.

The affidavit supporting the arrest does not mention a large trunk that Roberts had been spray-painting in his apartment. Roberts reportedly told police he’d punctured an aerosol paint can because the paint wouldn’t come out, but when he did so, the paint shot out of the can, hit a candle flame and ignited. He said he’d tried to use wet clothes to smother the flames.

Chahine told the judge that the evidence did not support that Roberts had set a fire on purpose and that the incident was an accident, as his client had explained during an interview when he was arrested.

Kemple, however, said that Love had not found a candle near where he determined the fire originated. She said there were other people inside the apartment building, and the situation could have been very dangerous.

Douglas County District Court Judge Amy Hanley did bind Roberts over for trial. His next hearing is set for Feb. 5, with a two-day trial to start on Feb. 18.

Roberts was booked into the Douglas County Jail on July 1, the Journal-World reported. He was released on $10,000 surety bond on July 4, records in his court file indicate.