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Penny Flats Arsonist Sentenced To 8 Years Behind Bars

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Benjamin Gilmore cries in court during his sentencing (credit: CBS)

Benjamin Gilmore cries in court during his sentencing (credit: CBS)

FORT COLLINS, Colo. (CBS4)- The man found guilty of intentionally setting the building next to Penny Flats in Fort Collins on fire two years ago was sentenced on Thursday.

Benjamin Gilmore was convicted of arson but acquitted of attempted murder in October.

The judge sentenced him to eight years for arson, eight years for criminal mischief and six years for burglary. Gilmore will serve the sentence concurrently, so he will serve about eight years behind bars and five years of probation upon release.

Gilmore cried as he hugged his wife and infant child in court after the sentencing was read by the judge. He was then led away by deputies with the Larimer County Sheriff’s Office.

In October the jury found these 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.

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

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

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

That 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.

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