Yesterday morning, former Ironton businessman Garry Castle opted not to stand trial a second time for burning his business, The Shake Shoppe.

Castle, 50, pleaded guilty to a charge of fourth-degree felony arson before visiting Judge Fred Crow of Meigs County. In exchange for that guilty plea, the original charge of aggravated arson and fraud and criminal damaging charges for which he was indicted later, were dismissed.

"How do you plead to the new indictment of arson, a fourth-degree felony that occurred on or about March 28, 2002 in Lawrence County, Ohio?" Crow asked.

"Guilty, your honor," Castle answered.

Castle will be sentenced after a pre-sentence investigation hearing that has been scheduled for July 29.

The arson plea carries a maximum 18-month prison sentence and a possible Three-year Community Controlled Sanctions, along with a $5,000 fine. Lawrence County Prosecutor

J.B. Collier, Jr., has also asked that Castle be required to make restitution to the Ironton Fire Department of $5,000.

"He is a self-confessed arsonist who deliberately and premeditatedly set a fire and put firefighters in harm's way," Collier said. "He has said he is sorry, but being sorry is not a defense. We take the position that he should serve time for what he did."

Collier said he believed that the case has polarized the community to a degree, with some people lining up in fierce support of the former businessman and others equally strong in their belief that he should serve time for the crime.

Ironton Fire Chief Tom Runyon said he was satisfied with the guilty plea. He said that in spite of the danger that the firefighters were subjected to in fighting the blaze, he and his firefighters will accept whatever punishment Crow hands down.

"What we were looking for is conviction on arson, a felony," Runyon said. "It's in the judge's hands now. Yes, at this point I would like to have seen something stronger. I hope justice is done in the sentencing."

Castle's attorney, Robert Toy, said his client had wanted to plead guilty to a charge of arson with no conditions attached when he first admitted his guilt, but local authorities wanted to proceed with the aggravated arson charge.

"This is something he would have done all along," Toy said. "Now all we want is a fair shot at sentencing."

Toy said Castle admits he made a mistake, and is willing to accept whatever sentence he receives.

"Garry has already been punished. Not a day passes that he is not remorseful for what he has done."

One issue yet to be resolved is the investigation into the death threat made against Collier immediately following the first trial. Ironton police detective, Capt. Chris Bowman, said his office continues to work on the case.

"This is something we feel very strongly about. Those involved could face several criminal charges in regards to the incident," Bowman said.

Castle admitted he set fire to the South Second Street eatery in the early morning hours of March 28, 2002. He admitted his guilt to his attorney and then to authorities in June. His first trial in February ended in a hung jury.