A Findlay man found guilty attempted murder after setting a house on fire has lost his appeal.
Michael Schaaf, 51, is incarcerated in the North Central Correctional Complex in Marion after being sentenced in June 2022 to a minimum of seven years in prison.
His conviction was based on evidence collected at a fire that had occurred one year earlier on Newton Road in Wood County.
According to court documents, at trial and in his appeal, Schaaf argued that the state had not shown he was the arsonist.
The homeowner testified that prior to the fire, he had had several disputes with a neighbor who had assisted with putting out the fire. He told a Wood County deputy he believed his neighbor’s children may have started the fire. Further investigation eliminated the neighbor as a suspect.
A lighter was found in the grass approximately 15 feet from where the fire occurred. The homeowner and family told law enforcement they did not recognize the lighter.
The homeowner’s daughter, who was in the process of divorcing Schaaf, told law enforcement she believed Schaaf was responsible for the fire.
DNA testing showed Schaaf was the major contributor to DNA found on the lighter. Schaaf’s appeal did not challenge the submission of his DNA.
A search of Schaaf’s phone data showed him traveling to Toledo from Findlay and back and that he had conducted numerous searches on arson.
The state argued that even though Schaaf’s phone was not at the scene of the fire, that did not mean he himself was not present.
A fire marshal testified that the fire was set intentionally using gasoline, but it was impossible to determine whether it had been started with the lighter found at the scene.
A jury found Schaaf guilty of attempted murder and breaking and entering and he was sentenced to a minimum seven years in prison and a maximum of 10.5 years. He was given credit for 590 days spent in jail.
In his appeal, Schaaf argued the court erred in denying his motion for acquittal and evidence presented at trial did not warrant a guilty verdict.
He argued there was no eyewitness testimony placing him at the scene of the fire and cell tower data recovered from his phone also did not place him at the scene.
Testing showed Schaaf as the major contributor to DNA on the lighter and absence of evidence (an eyewitness) does not negate the sufficiency of evidence that was presented, according to the 6th District Ct. of Appeals ruling.
The appeals court determined the state had presented sufficient evidence to show Schaaf had committed the charged offenses.
