Complaint filed days before fire

Feb. 02--CLINTON -- Testimony continued Wednesday in a trial for a 37-year-old woman facing two charges, including felony arson.

Jaclyn M. Bentley, 37, appeared Wednesday in Clinton County District Court for the third day of a jury trial. Bentley is charged with first-degree arson and insurance fraud. The state is represented by County Attorney Mike Wolf and Bentley is represented by David Treimer.

Mike Crockett, who works in the Criminal Investigation Division of the Clinton Police Department, learned of the reported fire on May 28, 2014, three days after the incident. Crockett stated he viewed surveillance video obtained from a residence sharing an alley with 706 Fifth Ave. South, which showed two people in an alley with their hoods up. Crockett said he was told prior to the fire that Bentley's oldest two children were staying with another individual while she took her two youngest children with her to a campsite in McCausland.

Crockett was informed by Bentley that she took her children back to Clinton the following day, on May 24, 2014, at which time she called their grandmother who picked up the children. Crockett confirmed Bentley stated she went back to the campsite at approximately 2 p.m., which she says is the last time she was in Clinton prior to the fire. Crockett stated a drive from her residence to the campsite to McCausland took him approximately 24 minutes.

Justin Wade, a fire investigator with the state fire marshal's office, was called in to investigate the fire at 706 Fifth Ave. South. Wade said after his investigation, he determined the fire was set intentionally, with up to five areas of origin. Wade identified the five potential areas of origin as the garage/kitchen, north side of the garage, cellar door area, deck area and area of steps. He said the origin points could be separate or could be one continuous trail. Wade said the most damage occurred at the garage area.

Benjamin Huizenga, who has been employed 16 years with the Clinton Police Department, responded to a criminal mischief complaint May 21, 2014, at 706 Fifth Ave. South. Huizenga stated he observed several locations where spray paint was used. The spray paint included words such as squad and snitches. Huizenga also observed what he believed to be a depiction of a gun made with spray paint. Huizenga said Bentley told him she had plans to leave the house at the time and take her children camping, which he said would be a good idea. He stated he did not tell Bentley to take any property with her.

Huizenga also confirmed in cross examination the spray paint appeared to have been used on the inside of the garage. Huizenga said with his experience he found the word squad to mean a group of people. Treimer asked Huizenga about Trap City, which Huizenga described as a group of juveniles who he said considered themselves a gang. He confirmed it was "possible" either one of the groups could have been responsible for the spray paint at the residence. He stated it was Bentley's idea to leave the residence at the time but added he told her he thought it was a good idea.

Stacy Niemann, an investigator within the special investigations unit at State Farm Insurance, said he learned through the state fire marshal that the fire at 706 Fifth Ave. South was intentionally set. Niemann testified after learning of the fire, State Farm started an investigation. During the investigation, Niemann said he learned Bentley had spoken to a Realtor and someone from work about selling the house, which was valued at $60,000. Niemann testified he was told by Bentley that she did not have a security system because she did not believe the neighborhood was bad and she did not need a security system.

Niemann said he learned after her house was spray painted and prior to the fire, Bentley took things out of the house. She also took her dog with her the day before the fire. Niemann said he was told Bentley sent her kids with their father and then went to a campsite in McCausland. She said her husband showed up at the campsite and stayed with her through the time of the fire.

Niemann said State Farm requested to view Bentley's phone, which they did not receive until approximately Aug. 14, which was a period of time after the initial request. Niemann said the forensic expert could not get all the data from the phone because a plug the expert needed to use had been damaged. The oldest date recovered was sometime in July, after the fire. Niemann then requested the cellphone records from her cellphone provider. Niemann said he received only the outgoing records, stating he was told that is all the cellphone company could provide. Niemann said Bentley stated she was at the campsite in McCausland the whole time that night until the time of the fire.

The affidavit states Bentley, who insured her home with State Farm Insurance, signed two sworn statements in proof of loss. The first sworn statement on Aug. 15, 2014, for property damage to 706 Fifth Ave. South for an actual loss and damage to property totaling $393,429.71. Total insurance coverage for the loss and property damage totaled $155,394. The second sworn statement in proof of loss for contents was signed on Oct. 28, 2014, by Bentley. She claimed $101,986.68 in loss of contents. The actual cash value of contents loss per policy limit totaled $73,078.96.

The jury trial continues today.

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