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Gardiner landlord convicted of soliciting arson
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BY BETTY ADAMS
Staff Writer
Kennebec Journal & Morning Sentinel 06/16/2008

AUGUSTA -- A Gardiner landlord was convicted Friday of trying to get someone to burn down his three-unit apartment building at 102 Highland Ave., Gardiner.

David Owen, 73, of Mattawamkeag, was found guilty by a jury of solicitation to commit arson at the close of a two-day trial in Kennebec County Superior Court. No fire was ever set.

Owen remains free on bail, and a sentencing hearing is set for August, according to a court clerk. The offense carries a maximum penalty of 10 years in prison. According to a search warrant and affidavits filed in Augusta District Court, Owen first attempted to get the friend of a tenant to burn down one of Owen's buildings at 21 Kinderhook St. in Randolph.

That tenant contacted the Office of the State Fire Marshal. Kenneth MacMaster, an investigator with the fire marshal's office, then posed as a potential fire-setter and met with Owen to discuss the timing of an arson that was to take place at Owens' Gardiner building.

The fire was to appear accidental and was not to be set until a new insurance policy had passed a cancellation period, according to documents filed with the court.

On Thursday, one witness, Dana Upson, testified that the arson job was referred to in code as a "flooring job" in a phone conversation he had with Owen. Owen's attorney, C. H. Spurling, objected to the playing of the phone conversation in court. The affidavit filed with the case said Owen paid McMaster $500 as a down payment for the $3,000 arson fee and gave him a key to the building, all on Dec. 29, 2007.

The affidavit also says Owen stated he was worried he was being set up by law enforcement and asked MacMaster if he was wearing a recording device. MacMaster told him "Yeah, two of them," the affidavit says.

Betty Adams -- 621-5631

badams@centralmaine.com

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