Trial Set To Begin Monday In Death of Hamilton Firefighter

BY ANNA QUENNEVILLE

Miami University Journalism Student

The trial of two men charged in the death of a Hamilton firefighter two years ago is set to start Monday and it appears at least one will contend he had an alibi at the time of the blaze and that the defense will argue a man known as "Pyro Pat" set the fire.

Tamara Sack, the lawyer for William Tucker, filed a notice of an alibi, but that file was sealed as were the majority of other motions in the case.

Tucker, 50, and his uncle, Lester Parker, 67, are charged with aggravated arson and murder in the death of firefighter Patrick Wolterman. The trial is set to start at 1 p.m. in the courtroom of Butler County Common Pleas Judge Greg Stephens.

Sack intends to argue that Pat Brandenburg, known as "Pyro Pat," set the fire that killed Wolterman, according to a motion filed by the prosecution asking the judge to not allow anyone to use Brandenburg's nickname during the trial. It was unclear if Stephens has ruled on the motion.

"The name is not only indicative of a general criminal disposition, but the nickame 'Pyro' names the precise crime that is at issue, the arson for which counsel intends to argue Brandenburg is the true perpetrator,'' wrote assistant Butler County prosecutor David Kash in the motion filed on Oct. 27. "Thus it is highly improper character evidence."

Butler County Prosecutor Michael Gmoser, who will try the case with Kash, has said the case is based on a sea of circumstantial evidence.

Gmoser, speaking to a Miami University journalism class in October, said he anticipates the trial will take three weeks.

"It's a very complex case. It involves a lot of circumstantial evidence,'' Gmoser told the students. "Let's not forget, arson is always done in secret. If you want to burn your house down for insurance purposes you want to make sure there is no direct evidence linking you to it.

"He's the one who had the most to gain. He's the one who went on vacation at a particular time. He's the one who called a certain person,'' Gmoser said. "All these facts and details, it's connecting the dots. And that's what I'll be doing in that case: Connecting a sea of dots."

Wolterman, 28, died on Dec. 28, 2015 when he fell through the floor while he battled a blaze at a home on Pater Ave. The fire, which authorities determined was set in the basement, weakened the first floor and it gave way when firefighters went inside. Wolterman died of smoke inhalation.

Parker owned the home. He and Tucker were arrested more than a year later and charged in the case. Parker was in Las Vegas with his wife during the time the house was set on fire.

Tucker's lawyer, Tamera Sack, declined to discuss the upcoming trial or her defense.

But it appears Sack plans to argue that Tucker sent a late-night text to a woman saying he had finished a roofing job at the time the fire was set, according to that Oct. 27 motion.

The text said he had "finished the job," which according to the motion, she took to mean he finished a roofing job. But she "did not have personal knowledge of Tucker's whereabouts at the time of the late-nght text ... she did not witness him arriving at the job, working the job, nor leaving the job,'' according to the Kash's motion.

Thus Kash argued her testimony about the text message is speculation and should not be allowed during the trial.

Gmoser declined to discuss the defense's motions.

“I generally don’t comment on evidence the defense is suggesting they will present prior to trial, that’s their business not mine,” said Gmoser.

“You’ll have to wait until the trial to hear everything I have to say and my witnesses have to say about these two defendants.”

Among those expected to testify are police officers, firefighters, the Butler County coroner, insurance agents, an employee from a Las Vegas hotel and casino as well as an unidentified witness from Kentucky. Tucker's last known address was in Kentucky.

Miami University journalism instructor Chris Graves contributed to this report.

Photos: Lester Parker, 67, and his nephew, William Tucker, 50, will face trial on aggravated arson and murder charges in a 2015 blaze at Parker's home that killed Hamilton firefighter Patrick Wolterman. Photo Credit: Warren County Jail.