Trial ordered in torch assault

EXETER » A man accused of setting another man on fire with a torch will face trial after a preliminary in Berks County Court.

All charges against Eric Capp, 52, were held for Common Pleas Court by District Judge Sandra Fegley after a Feb. 13 hearing.

The charges stem from a January incident in which Capp allegedly set another man on fire during a confrontation. Capp was charged with attempted homicide, aggravated assault, simple assault, recklessly endangering another person, harassment, possession of an instrument of crime with intent and aggravated

arson.

According to the affidavit of probable cause, police received reports on Jan. 2 that there had been a possible methamphetamine lab explosion that occurred at 990 Schoffers Road that resulted in two men being hospitalized.

Police said several individuals they spoke to at the scene believed the two men had been burned by a kerosene heater. Another witness who arrived at the scene later stated that he lived in the building and had been present when the incident took place.

Once inside, police said they found no signs of a methamphetamine lab or anything being on fire. They also stated that there was no kerosene heater found inside the home.

On Jan. 6, township police went to Lehigh Valley Hospital to speak with the victim. The victim told police that he had gone to the basement of the home because Capp had taken pots and pans.

While the two were arguing Capp allegedly turned toward the victim with a pitcher of what the victim at first believed was water. When the liquid began to burn, the victim wiped the liquid from his eyes.

Capp then allegedly used a propane torch to ignite the liquid that was dumped on the victim. Capp then began striking the victim with a brass knuckle, according to the affidavit of probable cause.

The victim stated he was eventually helped into the shower to put the flames out but while he was in the shower, Capp came into the bathroom and began striking him again with what he thought were brass knuckles.

Police said the victim told them that Capp eventually agreed to take the victim to the hospital after the victim pleaded for an ambulance. On the way, the victim said, Capp told him to say that it was propane accident. The victim initially agreed so that Capp would take him to the hospital, according to court documents. The victim was later flown to Lehigh

Valley Hospital, near Allentown, for treatment of burns.

During a preliminary hearing, the victim was the only witness to testify.

“My whole upper body was covered in fire. It was a searing pain like nothing I could even describe,” he stated.

The victim sustained second and third-degree burns on 21 percent of his body, police said. The burns were located on his head, chest, neck, back , face, arms and hands. According to testimony on Feb. 13, the victim spent 15 days in the hospital recovering and now has permanent facial scars and a disfigurement on his ear in addition to losing the bottom half of his lip.

The prosecution argued in closing that the elements of the charges had been shown.

Attorney Douglas B. Breidenbach Jr., representing Capp, did not offer a closing argument but stated, “This is going to be an interesting trial.”

District Judge Fegley held Capp on all charges and bail remained at $1 million.