Gallery fire suspect likely to never face trial

Robert Carroll Gillham, who is accused of setting Gallery Furniture on fire, is seen as he makes a court appearance at the Harris County Criminal Justice Center on Friday, Oct. 9, 2009, in Houston. Gillham had been in jail in Montgomery county, but lawyers believe he will stay in Harris County because he has a larger first-degree felony charge than a smaller charge in Montgomery County. ( Julio Cortez / Chronicle ) less Robert Carroll Gillham, who is accused of setting Gallery Furniture on fire, is seen as he makes a court appearance at the Harris County Criminal Justice Center on Friday, Oct. 9, 2009, in Houston. Gillham had ... more Photo: Julio Cortez, Staff Photo: Julio Cortez, Staff Image 1 of / 1 Caption Close Gallery fire suspect likely to never face trial 1 / 1 Back to Gallery

In the four years Robert Gillham spent behind bars unable to make a half-million-dollar bail, he was on the verge of trial twice, was declared mentally incompetent and had a golf ball-size brain tumor removed.

Lawyers Wednesday said the 70-year-old former Gallery Furniture employee, accused of starting a four-alarm fire that caused $20 million in damage at Jim "Mattress Mack" McIngvale's flagship store, was unlikely to ever face a trial.

"An expert has found him incompetent and unlikely to regain competence and neither side is disputing that," said Brett Podolsky, his attorney. "Both sides are working on an agreed order for a lengthy civil commitment."

The declaration sets in motion court orders that will likely send Gillham to a mental hospital for the rest of his life.

The former furniture salesman accused of setting the May 21, 2009, fire had been declared incompetent to stand trial last year because of a brain tumor that has since been removed.

However, the damage the tumor did, the trauma of brain surgery and Gillham's age have contributed to his deteriorating condition, Podolsky said.

State District Judge May Lou Keel is expected to sign legal filings next week ratifying the psychiatric findings and clearing the way for Gillham to be committed, Podolsky said.

Gallery Furniture and McIngvale, its colorful pitchman, are well-known Houston icons. He said Wednesday he was disappointed by the development, but had no quarrel with the criminal justice system.

"We wanted to get this behind us, and get some closure on this," McIngvale said. "But the court system is the court system and if they say he's incompetent, we certainly respect whatever the court system rules."

McIngvale said subpoenas and witness summons were sent out several times for expected trials that did not materialize.

"We've been through so many ups and downs with this thing since it first happened," McIngvale said. "But that's life. You take your licking and keep on ticking."

Assistant Harris County District Attorney Steve Baldassano said the unsatisfying conclusion to the lingering case is unfortunate for everyone involved, including Gillham.

"It's not good for him, it's not good for anybody, to have a guy in jail without a trial," the prosecutor said. "Legally, there's nothing we can do if he's found incompetent."

Gillham has remained jailed since his 2009 arrest. His bail was set at $500,000 after prosecutors said he told a relative visiting him in jail that he planned to kill McIngvale.

To be committed civilly, Gillham has to be certified by two mental health professionals before the deal is final, which Baldassano said is the next probable step.

"I think they're going to say he's incompetent, but I can't know, until they do it," Baldassano said. "That seems to be the course of the thing, unfortunately."

Once Gillham is committed, he will be moved to a state mental hospital. If doctors there ever decide he has regained competency, he will again face charges of criminal mischief for the fire. If convicted, he faces a maximum sentence of life in prison.

Generally, arson is a second-degree felony with a maximum punishment of 20 years in prison. Criminal mischief that causes more than $200,000 in damages is a first-degree felony with a maximum life sentence.

Gillham worked at the North Freeway store from 1989 until 2007 when he was fired for allegedly running a loan-sharking business.

Later that year, the company obtained a restraining order against him after he was accused of threatening an employee at the store.