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Man Is Arrested Friday For Fires In Falling Spring Area

by The Virginian Review
in News
March 20, 2021
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An Alleghany County man has confessed to a series of eight arson-related fires in the Falling Spring Gardens area dating back to February 2008.

Timothy Wayne Nicely, 39, of 219 N. Smith Bridge Road, was arrested Friday and charged with eight counts of arson, Alleghany County Sheriff Kevin W. Hall said at a press conference Friday afternoon.

Nicely was detained for questioning by sheriff’s deputies Thursday night near the scene of a fire in the 200 block of N. Smith Bridge Road.

The Alleghany County Sheriff’s Office E-911 Center received a call at 11:05 p.m. Thursday reporting a prowler. Deputies, who were in the area on another call, responded to the scene in two minutes. When they arrived, a house began to burn.

The Falling Spring Fire Department was called to battle the blaze. When firefighters arrived, smoke was coming from the eaves of the unoccupied dwelling, which was undergoing renovations.

Firefighters from Dunlap and Hot Springs assisted in battling the fire, according to Falling Spring Fire Department Chief Dan Milton. Firefighters returned to the scene at 9:30 a.m. Friday for a flare up in the attic of the house.

An investigation determined that an accelerant was used in the fire.

After searching the area with the assistance of a tracking canine, the dog locked onto a trail that led deputies to Nicely’s residence. Neighbors gave a good description of the suspect.

“If it wasn’t for the assistance of the citizens giving a description, this case would not have come to fruition,” Hall said.

Alleghany County Commonwealth’s Attorney Ed Stein responded to the scene at 12:30 a.m. A search warrant was executed at 3:30 a.m. Stein said evidence was recovered at the suspect’s residence but he would not elaborate on what the evidence was. The evidence was sent to the state crime lab.

When questioned about a motive, Hall said, “Alcohol and a person that enjoys watching things burn. He’s an arsonist.”

Nicely has no prior criminal history except a conviction for driving under the influence.

There were no injuries in Thursday night’s fire or the seven other fires Nicely allegedly set. Hall said it is fortunate that no one was injured or killed as a result of the serial arsonist.

“I always had that thought in the back of my mind,” Hall said.

Hall said the neighborhood was typically quiet. There had been no trouble in the area until the fires began which coincided with the approximate time Nicely moved to the area, according to Hall.

“You can imagine how those people felt, not knowing if their property would burn,” said Hall.

Hall said patrols in the area were increased in response to the series of fires. “We kept that area pretty hot,” Hall said.

The approximate total value of the items destroyed in the eight fires is $305,000. Hall said the Falling Spring Fire Department, which fought the fires, may seek restitution for the cost of fighting the fires.

Hall said Nicely and others were considered persons of interest in the fires, “but we couldn’t get anything solid.”

The series of fires began Feb. 3, 2008 with the arson of a Mercedes automobile. A little over a month later, on March 10, 2008, there was an arson of a Chevrolet truck; a Dodge automobile and two canoes burned Oct. 27, 2008; there was an arson of an unoccupied dwelling at 202 Treetop Lane April 11, 2009; a garage at 219 N. Smith Bridge Road burned August 17, 2009 and an arson of a Chevrolet Impala occurred 13 days later; the seventh fire occurred Oct. 10; and 19 days later, the fire at 314 N. Smith Bridge Road occurred Thursday.

Nicely is currently in the Alleghany Regional Jail without bond. An arraignment will be held Monday, Stein said.

“We will do everything we can to hold him without bond, not only for neighborhood safety, but for all of Alleghany County,” Hall said.

Arson is a Class Four felony and carries the possibility of two to 10 years in prison and a $100,000 fine on each charge. If convicted on all counts, Nicely could receive a maximum of 80 years in prison and $800,000 in fines.

Deputies who made the initial response to the call were Lt. Walter Nicely and Dep. Brad Balser. Arson investigator Cpl. Robert Gillespie also responded as did the sheriff, and Chief Deputy Matthew Bowser. Officers remained on the scene throughout the night.

Hall credited his staff for “a total team effort” in clearing the series of arsons. He said he is relieved that an arrest has been made.

“Now, hopefully, those people can rest easy,” Hall said.

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The Virginian Review has been serving Covington, Clifton Forge, Alleghany County and Bath County since 1914.

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Published on November 1, 2009 and Last Updated on March 20, 2021 by The Virginian Review