Prosecutors drop charges against solider accused in fatal house fire involving his father

Thomas Kirch was accused in fatal arson

INDIANAPOLIS - Prosecutors have dropped charges against an Indianapolis solider who returned from overseas after he was accused of helping his mother set fire to the family's home, killing his father.

Thomas Kirch, 27, who had been serving in Germany, and his mother, Gwen Kirch, a music teacher at St. Pius X Catholic School, were accused of setting the fire in the 7000 block of Eastwick Lane in April 2007.

David Kirch, Gwen's husband and Thomas' father, died in the blaze.

Thomas Kirch and his mother, weren't accused in the arson until September 2011, when they were each charged with arson and conspiracy to commit arson.

Court documents indicate that investigators found gasoline containers from the garage and that accelerant was poured on the stairs and in several rooms. Evidence was also gathered from a computer that was damaged in the fire.

Charges were suddenly dropped against Gwen Kirch on Nov. 16, and against Thomas Kirch on Monday.

At a prior court hearing, Deputy Prosecutor Ross Anderson cited computer evidence recently obtained by the state. In it's motion to dismiss, the state said that given the magnitude of this case, it does not want a legitimate appellate issue before the court which could present a probability of reverse, on appeal, after conviction.

Prosecutors can re-file charges against the Kirches.

"Because charges are dropped or dismissed does not mean this case is over with. The state's motion provided they could refile these charges," said Indianapolis defense attorney Jack Crawford, who is not involved in the case. "Oftentimes that happens because of evidentiary problems or procedural issues, the state decides to dismiss a case. On something as serious as this, I would imagine the state should want to bring these charges back."

Attorneys for the Kirches declined to comment.

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