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Guilty Verdict In Penny Flats Arson Trial

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Benjamin Gilmore leaves court in tears with his wife and infant son after being convicted of arson (credit: CBS)

Benjamin Gilmore leaves court in tears with his wife and infant son after being convicted of arson (credit: CBS)

FORT COLLINS, Colo. (CBS4)- A split verdict in the second Penny Flats arson trial. Benjamin Gilmore was convicted of arson but acquitted of attempted murder.

The jury came back with a decision on the charges for Gilmore about 11:30 a.m.

penny flats fire Guilty Verdict In Penny Flats Arson Trial

A photo of the fire at the Penny Flats building on Oct. 24, 2011 (credit: Poudre Fire Authority)

Here is how they found the charges against Gilmore: Guilty- first-degree arson, guilty- criminal mischief, guilty- burglary, not guilty- arson on Penny Flats, not guilty- attempted murder, not guilty- criminal mischief, not guilty- attempted murder in the first degree.

Gilmore was found guilty of setting fire to the apartment building next to Penny Flats that was under construction in Oct. 2011. He was found not guilty of setting fire to the Penny Flats building.

The fire at the apartment building spread to Penny Flats which caused $10 million in damage.

“I’m just shocked. I can’t believe it. This should have been an acquittal all the way down. They didn’t prove anything,” said court observer Rosemary Vangorder.

This was the second trial for Gilmore. After six days of deliberations in the fall of 2012, following four weeks of testimony, the judge in the Gilmore trial issued a mistrial after the jury said they were split on the charges.

Gilmore was released until his sentencing Dec. 12. He faces 30 years in prison.

Here’s the breakdown of sentencing in relation to the charges he was convicted of: Arson: 4-12 years; Criminal Mischief: 4-12 years; Burglary: 2-6 years.

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