A Lexington man was sentenced to five years in prison Tuesday after he was found guilty of burning a historic North home.

After a one-day bench trial, David Wayne Oswald, 36, was found guilty of second-degree arson and sentenced to prison and restitution.

After turning down a request from family members to sentence Oswald to 25 years, Circuit Court Judge James C. Williams said the case was better solved if the Lexington man served time and repaid some of the damage.

“I can’t in clear conscience give him 25 years,” Williams said before handing down a sentence of 15 years, suspended to five years and five years of probation after his release.

The judge also ordered Oswald to pay restitution of $125 per month.

“If he doesn’t pay that money, he could go back to the penitentiary and serve the rest of his 15 years,” Williams said.

Firefighters from Orangeburg, Neeses, Wolfton, Jamison and the North Auxiliary Airfield joined those from North in battling the Feb. 2, 2007 blaze that destroyed a 100-year-old Dogwood Avenue home.

A neighbor saw flames coming from the home around 7:32 a.m. that day and called 911. A witness told investigators that Oswald was seen at about 7 a.m. coming from the home.

Retired SLED Arson Unit Supervisor Charles Huggins said the fire began in a closet of the home where it appeared clothing was kept.

“It was a set fire, it was set using available material, and it was set in the closet,” Huggins said.

“What about a cigarette? Could a cigarette start this fire?” First Circuit Assistant Solicitor Glenn Justis asked.

“No, sir,” Huggins said.

After the state ended its case against Oswald, defense attorney Theo Williams of Lexington asked for a directed verdict from the court.

“The state’s going to have to prove my client maliciously set fire to the house,” Williams said.

The judge denied the motion, saying there was evidence pointing to Oswald.

Oswald’s defense was twofold: He said he didn’t set the fire and, even if he did, he was so incapacitated by alcohol and narcotics that it was accident.

He said he had been drinking and using cocaine the night before the fire. Around 4 a.m., he decided to retrieve his belongings from the 100-year-old home he shared with his former girlfriend.

“Was the home on fire when you left?” Theo Williams asked.

“No, sir,” Oswald said.

During his closing argument, Assistant Solicitor Tommy Scott argued Oswald set the fire to gain attention from his girlfriend. They had separated just weeks prior to the blaze.

“There’s no doubt Mr. Oswald caused this fire,” Scott said.

Judge Williams spent about 30 minutes in deliberations before making his decision.

Oswald’s former girlfriend, Kitty Jeffcoat, told the court he deserved the maximum of 25 years and asked for that sentence.

“Even now, he’s smiling and smirking at me,” Jeffcoat said. “What he’s destroyed is what belonged to my grandmother. He did not care about that.”

The homeowner and father to Kitty Jeffcoat, Randy Jeffcoat, said he wasn’t certain what to say to the court.

“I’m just not accustomed to people with a moral compass like his,” Jeffcoat said.

T&D Staff Writer Richard Walker can be reached by e-mail at rwalker @timesanddemocrat.com or by telephone at 803-533-5516. Discuss this and other stories online at TheTandD.com.

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