Plea agreement reached in Spencer arson case

Judge Patrick Carr has scheduled a Jan. 19 hearing to consider a guilty plea from a Spencer woman accused of arson 11 months ago.

Brenda Lee Heilstedt is expected to plead guilty to a charge of second-degree arson, a Class C felony, as part of the agreement struck by attorneys.

The agreement was filed at the Clay County Courthouse on Thursday. The Class C felony charge for second-degree arson carries a maximum penalty of 10 years in prison, with a potential fine not to exceed $10,000.

The 43-year-old risked a first-degree arson conviction for "starting a fire at 209 West Park Street with her 5-year-old child present," according to a criminal complaint filed Dec. 29 at the Clay County Courthouse. The Class B felony had a potential 25-year sentence if the case went to trial.

In accepting a plea, Heilstedt "acknowledges the evidence offered by the state strongly negates her innocence to the original charge of arson in the first degree and to the amended charge of arson in the second degree and as a result, a jury would find her guilty," according to court documents.

"The defendant wishes to take advantage of this plea agreement by admitting the state of Iowa has enough evidence to convict her of arson in the second degree thereby avoiding conviction and sentencing of the higher offense of arson in [the] first degree," the agreement said. The document was signed by Heilstedt, Assistant Iowa Attorney Charles Thoman and Heilstedt's attorney, Ney McDaniel of Spencer.

Heilstedt was booked into the Clay County Jail on the arson charge after a fire broke out at 12:03 p.m. Sunday, Dec. 28, at 209 West Park Street in Spencer. When firefighters arrived, smoke and flames were venting out of the first floor east windows and the south front window.

Heilstedt's daughter, Ashley Handy, lived at the house. Spencer Police were called to a disturbance at the residence roughly an hour prior to the fire call, according Spencer Police Chief Mark Lawson.

"The disturbance was strictly verbal. The daughter and the boyfriend left and the next time the police were called there was when the fire started," Lawson said at the time.

Firefighters stopped it from burning, then took an aggressive approach to the interior of the main house fire. Their efforts kept the fire contained to the living room of the home.

The siding on a neighboring house to the east incurred melting and caught fire. The Clay County Attorney's office removed itself from the case, citing a conflict of interest. County Attorney Michael Houchins' firm is representing the neighbor who is seeking compensation for repairs.

Heilstedt is the owner of her daughter's home.