(Atlantic) The trial for an Atlantic man charged with Attempted Murder, Arson 1st Degree and Assault began this (Tuesday) afternoon.
The State of Iowa says Anthony Asay faces these charges for assaulting Dave Thomas and then intentionally setting fire to the home he was staying in at 106 Cedar Street on May 4, 2022 while Dave Thomas was still inside.
Asay’s Attorney Rob Engler said there was no physical evidence that placed Asay at the scene and Asay had an alibi; he was with his girlfriend, who is now his wife, the night this incident took place.
Following opening statements, the jury heard from four of the State’s witnesses: Atlantic Assistant Police Chief Paul Wood, Atlantic Police Officer Brock Thomas, Fire Investigator Wayne Brosam, and Dave Thomas, the resident of 106 Cedar Street.
Dave Thomas testified that he lived at 106 Cedar Street for about six months. The home had no electricity, water or gas appliances. During the early morning hours of May 4th, Thomas said he went to his neighbor, Connie Nichols’ house, and Tiffany Wallace was there. Eventually, Thomas and Tiffany Wallace went back to his house
Thomas said he only knew Asay for about four or five months. He said he wasn’t sure why Asay was there.
Thomas said after he was pulled from the house, he went to hide at Connie Nichols’ house.
During cross examination, Rob Engler asked Thomas if Asay ever had a weapon on him.
Engler also asked Thomas why he was hiding from law enforcement.
Assistant Police Chief Paul Wood responded to the fire as a member of the fire department during the early morning of May 4th. While on scene, Wood said Tiffany Wallace had told firefighters that she had pulled Dave Thomas out of the house prior to the fire department getting on scene. Dave was no longer on scene. The following day when he spoke to Tiffany Wallace as a Police Officer, Wallace stated that Anthony Asay started the fire. He also noted that while investigating the fire with Wayne Brosam, they found a melted red gas can by the back door.
Atlantic Police Officer Brock Thompson said when he spoke with Dave Thomas on May 4th, he said he was assaulted, knocked unconscious and then awoke to a fire. At the time Thomas said he believed it was another man that assaulted him, but he was not for certain. Thomas believed that it could have been that man due to a past history with him. Officer Thompson spoke to Thomas again on the 10th and that was when Thomas said Asay assaulted him. During cross examination, Officer Thompson said he observed no cuts or bruises on Thomas’ face or back of the head and he believed the wound on Thomas’ hand would be consistent with being cut by glass while being pulled from the fire.
Fire Investigator Wayne Brosam presented pictures of the home following the fire at 106 Cedar Street. Brosam stated that he was able to rule out any accidental causes at the origin of the fire at the back of the home. Based on the red fuel container near the area of origin and the amount of combustibles at the rear of the home, he believes it was an accelerated fire. He said he did not find any cigarette butts and found no candles near the origin of the fire.
The trial resumes Wednesday morning.
