Man gets prison for torching house

Sat., Dec. 4, 2004

By Trinity Hartman trinityh@spokesman.com

A 27-year-old man was sentenced to nearly two years in prison Friday for starting a fire that destroyed his girlfriend’s house in August.

James “JD” Swearingen admitted to his then-girlfriend, Angela Jones, that he started the Aug. 31 blaze that burned Jones’ rental home at 2609 N. Vista Road. The two had been arguing earlier in the day. Swearingen was drunk when he started the fire, according to court documents.

Swearingen pleaded guilty to first-degree attempted arson. The plea agreement proposed that Swearingen serve one year in jail.

While Jones had originally said she wanted Swearingen to plead guilty to attempted arson and get help for his drinking problem, she recently reconsidered, said Deputy Prosecutor Mark Lindsey. Jones was appalled that Swearingen would serve so little jail time. By the time Jones had voiced her objections, the deal had already been made, Lindsey said.

Swearingen was intoxicated at the time of the fire, has expressed remorse and went back into the burning house to warn a friend to get out, his public defender, Steven Marsalis, told Spokane County Superior Court Judge Greg Sypolt. Marsalis asked Sypolt to stick to the agreed one-year sentence.

Sypolt said he would not be lenient on Swearingen. Sypolt sentenced Swearingen to 22 months in prison. Swearingen has been in jail since Sept. 1 and will get credit for the time he has already served.

Swearingen did not address the court Friday.

Jones had a statement read on her behalf in which she described how the fire had devastated her and her two young daughters. Nearly all of their possessions were destroyed and they had a difficult time finding another place to rent after the fire, according to the statement. After the hearing finished, Jones said she was pleased with Sypolt’s decision.

“I’m grateful he took into account what I had to say,” Jones said.

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