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Man convicted in Lyon Co. arson case seeks new trial

MARSHALL — A man convicted of arson in a 2019 fire that destroyed a rural Lyon County home is seeking a new trial, county court records said.

In a hearing held Monday in Lyon County District Court, attorneys for Tyson Joe Hinckley moved for a new trial. A motion filed Feb. 22 claims that prosecutors didn’t prove Hinckley was guilty of first degree arson instead of less serious arson charges.

District Court Judge Michelle Dietrich said she would consider the motion, and issue a court order by April 5.

In February, Dietrich found Hinckley guilty of first degree arson, second degree burglary and motor vehicle theft. Hinckley had waived his right to a jury trial, and had a court trial with the judge instead.

Hinckley, 36, was charged with arson after a fire destroyed the house and attached garage of Tom and Julie Sando in rural Stanley Township. When a Lyon County Sheriff’s deputy arrived at the fire scene, he found Hinckley there.

Hinckley testified at the trial that he started a fire in the Sandos’ garage in order to create smoke to get the attention of firefighters. However, in her verdict Dietrich said she did not find Hinckley’s testimony credible.

After the trial, attorneys for Hinckley filed a motion for a new trial, saying the guilty verdict for first degree arson wasn’t justified. The motion claims prosecutors didn’t prove beyond a reasonable doubt that Hinckley intended to burn down the garage, as opposed to just property inside the garage.

At Monday’s hearing, Lyon County Attorney Rick Maes opposed the motion, court records said.

Dietrich said she would take the motion for a new trial under advisement. A court order on the matter will be issued before April 5, court records said.

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