Monday, February 21, 2011

Gallery Furniture fire trial set to start

The man accused of burning one of Houston's most recognizable retail icons — Mattress Mack's Gallery Furniture store — is expected to go to trial this week in a Harris County courtroom.

Robert Carroll Gillham, 68, wants to take the extraordinary step of serving as his own lawyer in the high-profile case. Gillham, a former Gallery employee, is expected to "vehemently" defend himself in the trial, his attorney said last week.

He is accused of setting ablaze a warehouse at the Houston institution, causing more than $20 million in damage nearly two years ago. "Yes, there was an arson," said Gillham's current court-appointed attorney Brett Podolsky. "The issue is the identity of the arsonist, and Mr. Gillham vehemently declares his innocence."


Gillham, a former salesman, quickly emerged as the No. 1 suspect in the four-alarm fire on May 21, 2009, that damaged Jim McIngvale's flagship store and adjacent warehouse in the 6000 block of the North Freeway near Parker.

McIngvale has earned fame locally with his colorful commercials and self-imposed moniker of Mattress Mack. McIngvale also made headlines when he gave 22 Houston firefighters flat-screen televisions and other gifts after the fire. The firefighters had to give the gifts back because state law prohibits public servants from receiving gifts. After he was arrested, Gillham's bail was set at $500,000 because he told a relative visiting him in jail that he was going to kill McIngvale, prosecutors said.

Gillham has remained behind bars since his arrest. Pretrial hearings, set for Tuesday, have been delayed because the defendant has been hospitalized for an unknown illness.

Assistant Harris County District Attorney Steve Baldassano said he expects the trial to last about a week, depending on how Gillham defends himself. "I've never had a pro se defendant, I don't think ever," the 20-year prosecutor said. "I wouldn't feel comfortable representing myself."

Gillham began working at the store in 1989 and was fired Feb. 7, 2007, for allegedly running a de facto loan sharking business for fellow employees down on their luck. Charges of slashing other employees' tires were filed then dismissed against Gillham.

Months later, Gillham was accused of threatening an employee at the store, and the company obtained a restraining order against him. Gillham then solicited two former co-workers to burn down the store for about $3,000, according to court documents. They refused.

Gillham told a girlfriend he would do it himself, authorities said. If convicted, he faces a sentence ranging from probation to life in prison. He is being tried on first-degree criminal mischief, not arson, Baldassano said.

Arson, if no one is injured, is generally a second-degree felony with a punishment capped at 20 years. Criminal mischief with damage of more than $200,000 is a first-degree with a maximum of life behind bars.


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