A Waiting Game in the Penny Arson Trial - NOCO5 – News, Weather, and Sports for Northern Colorado

Jury for the Gilmore Trial Recesses Until Monday

Posted: Updated:

The fate of Benjamin Gilmore is in the hands of the jury now in a case that was scheduled to end last week…but has gone long…and now the jury has recessed until Monday.

 On Tuesday, the prosecution and defense gave their closing arguments in the trial of a beekeeper accused of starting the fire at the mason flats. He is being charged with seven counts including arson and attempted first degree murder. 

In the closing statement,  Tim O'Keefe, Gilmore's attorney said that there "huge pieces of the puzzle that are missing."

The defense said that the suspect witnesses identified as Gilmore the night of the fire coud've been a number of people. O'keefe said that what witnesses describe the suspect as wearing which is black hoodie and baseball hat describes at least two people walking around that night.

 On the other side…the prosecution started by pointing at Gilmore saying, "He went to penny flats with one purpose…to start that fire."

The prosecution said that the Alcohal, tobacco and firearms investigators ruled this fire as incindieary…meaning it was intentionally started.

Pictures of evidence…like the rolex watch…and burn marks on Gilmore's hands were shown to the jury again.

The $4,000 watch with the inscription….**happy benjamin david gilmore** was found by investigators two days after the fire in the penny flats building underneath fire debris.

The defense also argues that the suspect has no motive. O'Keefe described Gilmore as a good husband, business, and homeowner. They claim that his involvement in the occupy Fort Collins movement does not qualify his motiv, and he was just responding as a concerned citizen in a non-violent way.