Ironton businessman Garry Castle will stand trial for aggravated arson, along with newer charges filed against him at the same time -- if he is tried on the new charges at all.

Lawrence County Prosecutor J.B. Collier Jr. said he made a motion Friday morning that Castle stand trial for one count of fourth-degree felony arson, one count of third-degree felony insurance fraud and one count of third-degree felony vandalism, along with the original charge of aggravated arson. The motion was granted by Judge Fred W. Crow of Meigs County, who presided over Castle's first trial.

The more recent charges were filed in early March, after Castle was tried for the aggravated arson charge on Feb. 25 and 26. The trial ended in a hung jury.

However, Castle's attorney, Robert Toy of Athens, filed a motion to have the newer charges dismissed, suggesting that they were not filed within statutory time, Collier said.

Collier filed a memorandum opposing that motion. The date for Castle's first trial was Dec. 15, but the defense requested to have the trial moved into February, Collier said. Because the trial date was moved because of the defense's request, Collier wrote in the memorandum that the time between those two dates should not be counted against the prosecution.

Crow is expected to rule on the defense's motion in the next few days, Collier said.

Toy could not be reached for comment at press time.

The charges against Castle stem from a March 28, 2002, fire that gutted his 2424 S. Third St. business. After originally denying that he started the blaze, Castle admitted to the act in June when investigators found empty gasoline containers. He said he is not sure why he had set the fire, except that he had been contending with vandalism and threatening calls.

During his first trial that ended in a hung jury, Toy said the jurors voted 11-1 to acquit Castle, but one juror held out for a conviction. A jury's verdict must be unanimous.

Castle's new trial is expected to begin in late May.