A two-year arson for insurance case involving an ice cream shop has been settled.

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Prosecutors compromised for two years of probation on amisdemeanor conviction for Menelaos Tsepelas, who allegedly set fire to his Illinois Dairy King.

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The decision ended an unusually long and winding criminal case.Tsepelas, went through three defense attorneys while prosecutorsadded a third felony charge a year after filing their firsttwo.

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A few weeks ago, they added a fourth charge, misdemeanorcriminal damage to property under $300, and on Dec. 3, dropped thethree felonies from the case.

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County Assistant State's Attorney Mike Holly, without going intodetail, told the judge that his office had chosen to drop thefelony arson and insurance fraud charges based on review of evidence and witnessstatements since the charges were filed.

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“I'm prepared to try” the case on the misdemeanor, defenseattorney Fred Bernardi told Tazewell County Circuit Judge StuartBorden. “It's a totally circumstantial case,” he said in describingthe evidence he had reviewed since Borden granted Tsepelas' requestfor a new lawyer in October.

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Tsepelas, however, “wishes to compromise,” Bernardi toldBorden.

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In a final twist, Tsepelas, 65, requested a stipulated benchtrial. Instead of pleading guilty, he agreed not to contest theevidence and allow Borden to issue a verdict.

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In less time that it takes for an ice cream to melt on ascorching summer day, Borden found Tsepelas guilty. He ordered himto pay $2,350 in restitution to two fire departments that respondedto the fire in addition to the two-year probation term.

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Firefighters responded to the May 19, 2009 fire shortly before10:30 p.m. They discovered a plastic gas can on fire in a utilityroom at the base of the shop's unused water heater and a candlethat had been broken and lit lying next to it.

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Tsepelas admits to placing the gas can in the utility room andthat he was the only one in the shop when he set its fire alarm,locked the door and left. He was driving home, he says, when hisson called to tell him the fire alarm had gone off.

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Evidence also reveals that, a day after the fire, Tsepelas filedan insurance claim for damages exceeding $5,000.

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