Lima resident Tim Messer, charged with aggravated arson for his alleged role in a 2020 fire in Shawnee Township, appeared in court on Friday with the intent of dismissing his lawyer and representing himself at trial. He eventually opted to retain his attorney.
J Swygart | The Lima News
LIMA — A Lima man charged with a second-degree felony count of arson walked into the courtroom of Allen County Common Pleas Court Judge Terri Kohlrieser on Friday determined to part ways with his attorney and represent himself during his upcoming trial.
“This is not a decision I made lightly,” Tim Messer told the judge.
Some 20 minutes later, however, after hearing Kohlrieser elaborate many of the potential pitfalls associated with defending himself at trial, Messer had a change of heart.
The judge spent several minutes asking Messer a series of questions to determine if he had any legal training (he does not); is aware of the rules that govern attorneys when it comes to presenting evidence and cross-examining witnesses (he was not) or if he understood or had a grasp of the methodology of developing a trial strategy (he admitted he has none).
“I would strongly encourage you to keep Mr. (Andrea) Henning as your attorney,” Kohlrieser told the defendant. “It would be very unwise not to do so. I need you to go into this with your eyes wide open.”
At that point Messer had a change of heart.
“I am reconsidering my decision here,” he told the judge. “It might be in my best interest to keep Ms. Henning, and I am choosing to do that.”
Messer, 65, and co-defendant Jason Raines, 51, were indicted in October 2020 on one count of aggravated arson, a second-degree felony, for allegedly starting a fire last summer at a South Dixie Highway residence.
Their cases have been joined and the duo will be tried in front of the same jury. Both cases were to have gone to trial Monday but will now be rescheduled.
According to court documents, Shawnee Township law enforcement officials and first responders were dispatched June 6, 2020, to 2975 S. Dixie Highway in response to a fire at a residential structure at the residence of Jack Cornelius. Investigators determined the fire to be suspicious, citing evidence that indicated the fire started on the ground floor, away from sources of accidental ignition.
According to court records, the investigation revealed Cornelius and Messer had an ongoing feud involving a common girlfriend, Susan Walendzik. Messer reportedly told Cornelius he would “go down” if Walendzik failed to pay the money she owed him.
