Log In


Reset Password

Trooper testifies

A state trooper testified Friday that a Summit Hill man, on trial for arson, admitted to him that he had set the string of fires three years ago in Carbon County.

David Klitsch, a deputy fire marshal stationed at the Hazleton barracks and chief prosecutor in the case, said he interviewed Frank Duane Swartz, 45, at the Summit Hill police station on Nov 24, 2008, about seven months after a series of arson fires. Klitsch said admitted setting the 16 fires during the interview and then gave a written statement admitting to the acts.Klitsch said he went to Swartz's then home, at 220 N. Walnut St., after receiving information from other investigators involved in the fire probe, that Swartz's DNA was found at the scene along with a fingerprint found on one of the incendiary devices.Swartz has been charged with 60 felony counts by state police who said he is responsible for setting the fires. He is facing counts of arson-danger of death or bodily injury; arson-endangering property-reckless endangerment of inhabited buildings; possession of explosive/incendiary materials; risking a catastrophe; and maliciously setting/causing fire to a forest. If convicted of the charges he facing a minimum prison term of about 20 years.Klitsch said he secured a search warrant for Swartz's home and his car seeking such items as match books, cigarettes, rubber brands, newspaper articles concerning the fires, computer tower and a DNA sample from the suspect.Klitsch said when he arrived at the home Swartz's girlfriend, Carol Nickerson, told him that Swartz was hunting with her two sons.Klitsch said Nickerson accepted the warrant and he and two other investigators and two Summit Hill police officers entered the home.Seized were two white match packs, similar to the ones used in the fires, a computer tower, and a plastic bag containing rubber bands, in various colors.Klitsch also said while at the home he spoke to Swartz by phone and told him of the warrant and that he wanted to speak to him. About 5 p.m. Swartz arrived home and agreed to meet Klitsch at the borough police station.At the station, Swartz was shown the warrant and the affidavit of probable cause in which it was indicated the search was concerning the series of brush fires and that DNA and a fingerprint belonging to him was found during the investigation.Klitsch said Swartz at first denied setting the fires. But when Klitsch told him about the DNA found on a cigarette and a fingerprint on the match pack, Swartz agreed to speak to him.He said Swartz took off his coat and sat down. Klitsch said he noticed a tear in the suspects' eye when he sat down.Klitsch said he went over each fire beginning with the three that occurred on March 17, 2008. He said Swartz admitted to setting those fires and added that he could not remember all the dates and locations because "there were so many."Klitsch said, however, Swartz denied setting three other fires that occurred later in April in another area of the county.Klitsch said Swartz told him he made up the incendiary devices consisting of a match pack with a cigarette laid across the matches and secured with a rubber band as he drove. Swartz told Klitsch that he threw the devices out the window as he pulled along side the road.He said sometimes he went to his father's home, which was in the area of the fires, and walked to some sites to set the fires.Asked by Klitsch why he did it, Swartz told the trooper he was under a lot of stress because he was not working, could not find work, had a lot of expenses and needed money. Klitsch said Swartz told him the fires took his mind off his problems.Klitsch then said he asked Swartz to show him how he made the incendiary devices. He gave Swartz a match pack, cigarette and rubber band and was amazed at how fast the suspect made up the device.After the verbal interview, Klitsch asked Swartz to make a written statement, which he did, and which the trooper read to the jury.Under further questioning by Assistant District Attorney James Lavelle, Klitsch said he never threatened Swartz to make a statement or stay at the interview. He said prior to starting the interview he told Swartz that he was not going to be arrested that night and that no matter what happens he would be going home.He also said he made Swartz no promises and read and signed his miranda rights.Present at the interview was Robert McJilton, an investigator for the Bureau of Forestry, who conducted the probe of the fires and turned his findings over to Klitsch to prosecute.The fires occurred during the period of March 17 to April 18, 2008, in Lower Towamensing and Franklin townships and Parryville. The majority of the fires occurred in Lower Towamensing and on the property of the Blue Ridge Country Club.The trial started Monday afternoon and will continue on Monday with the defense side of the case.Swartz is represented by attorney Michael Gough, court-appointed. Gough told the jury Monday that Swartz will testify and tell them how he thinks the cigarette with his DNA on it was found and how the fingerprint got on the match pack.Some of the witnesses heard by the jury and called by Lavelle included several area firefighters who fought the blazes, property owners who had damage done, state forestry investigators, and DNA and fingerprint experts from the state police.No one was injured in any of the fires and no buildings were damaged.The trial will resume at 9 a.m. Monday.