A Carbon County jury panel of 11 women and one man deliberated late into Monday night the fate of a Summit Hill man charged with setting 16 brush fires in the early spring of 2008 in the lower part of the county.

The panel was sent home about 11:15 p.m. by President Judge Roger N. Nanovic II after deliberating about five hours the fate of Frank Duane Swartz, 45, who is charged with 60 felony counts by state police. The jury was scheduled to resume deliberations at 10 a.m. today.Swartz 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, he faces a minimum prison term of about 20 years.Testimony concluded about 2:30 p.m. Monday after Swartz took the witness stand and denied setting the fires. He claimed a confession he gave included words he was prompted to say by the investigating state trooper.Swartz was charged with setting the fires over a 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 Township and on the property of the Blue Ridge Country Club.Offered promiseSwartz told the panel he was interviewed by Trooper David Klitsch, deputy fire marshal stationed at the Hazleton barracks and chief prosecutor in the case, at the Summit Hill police station on Nov. 24, 2008. He claimed that prior to the start of the interview he was told by Klitsch that if he cooperated he would not be arrested until after the holidays.Swartz said he returned home the day of the interview from hunting when he was told troopers had a search warrant and had searched his then residence at 220 N. Walnut St., Summit Hill. He said Klitsch was at the home and asked him to come to the police station to talk about his knowledge of a series of brush fires that had occurred earlier in the year.Swartz said he told Klitsch he didn't know anything about the fires but agreed to speak to the trooper.Swartz said he went to the station with three other persons, identified as his live-in girlfriend, Carol Nickerson, and her two sons, John Nickerson Jr. and Donnie Christman.At the station he was taken to an interview room where Klitsch gave him a chance to read the affidavit of probable cause contained with the search warrant. In the room with Swartz and Klitsch was Bureau of Forestry investigator Robert McJilton.He claimed Klitsch then told him that police had "hard evidence" against him, including his DNA and a fingerprint found at the scene of one of the fires.He also claimed he was told by Klitsch that no matter what occurred during the interview he was going to go home. He said Klitsch told him if he spoke to them and cooperated the trooper would speak to the district judge concerning bail and the district attorney about his cooperation.He said he again denied any knowledge of the fires. He said Klitsch then began to go over each fire, date by date, and said the trooper would explain how the fires occurred.He said he only responded to questions by Klitsch and claimed he answered "what I thought" they wanted to hear.He said he made up how he got to the fires scenes and "just filled in" details.He said Klitsch told him the type of incendiary device that was used to start the fires. Swartz said he was familiar with the device, which was a pack of matches with a lit cigarette laid across the matches and secured by a rubber band.He said when he was a member of the Bowmanstown Fire Company one of the members showed him how the device was made. He said he was shown the procedure so when he was helping fighting a fire he knew what to look for as a cause to report it to a superior.Concerning a written statement he made, he claimed Klitsch told him what to write down.Also during his testimony, he said on the day of the March 17 fires he had been at an area scrap yard selling scrap metal he had removed from his father's property. He also claimed on the day of an April fire he had taken John Nickerson Jr. to a doctor along SR443 because he had become ill.Swartz told the panel he was familiar with the area because he grew up in Lower Towamensing Township on a farm owned by his parents. He also said the fires were in the general area of his parents' property.He concluded his direct examination by defense attorney Michael Gough, by saying, "I would have no reason to set these fires and jeopardize my family."Under cross examination by Assistant District Attorney James Lavelle, Swartz claimed he made false statements to stay out of jail for the holidays. He also said because he a heavy smoker and was frequently in the area visiting his parents and collecting old cans along the roads in the area, his DNA could be found. He also said he smoked during the period and that was why his fingerprint was on a match pack.He also admitted having a waiver form read concerning his rights and that he did not have to speak to Klitsch or that he could have ended the interview at any time.Carol Nickerson testified that she often went with Swartz when he went to his parents' property to gather the scrap metal for sale. She denied making or receiving a call from Swartz while police were at her home serving the search warrant. Klitsch had said during his testimony that she was on the phone with Swartz when he spoke to him and told him he wanted to speak with him.Donnie Christman testified he was with Swartz on his parents' property in the early spring of 2008, helping to restore a boat. However, he could not provide any dates, only that it occurred sometime in March and April.