Staff photo / Ed Runyan David Idleburgh, left, is seen with his attorney, Nick Cerni, on Tuesday in Mahoning County Common Pleas Court, where Idleburgh pleaded guilty to attempted aggravated arson in a July 17 fire at the home where he lived on Acton Avenue in Boardman.

YOUNGSTOWN — David L. Idleburgh, 39, of Boardman pleaded guilty to a reduced charge of attempted aggravated arson Tuesday in a July 17 fire on Afton Avenue in Boardman where he was living.

Idleburgh was indicted on aggravated arson, a charge with a presumption of prison and could have gotten about eight years in prison if convicted.

But Mahoning County prosecutors recommended to Judge Anthony D’Apolito of Mahoning County Common Pleas Court that Idleburgh get probation instead of prison time and be ordered to complete a program through the Community Corrections Association of Youngstown.

As part of that program, prosecutors are recommending that Idleburgh complete a program at the Community Corrections Association with a “mental health component added to the treatment program,” Katherine Jones, assistant county prosecutor, said.

Jones said Idleburgh was living in the victim’s home, and there was a fire at the house while Idleburgh was the only person there. There were two “points of origin” for the fire — the basement and the living room, she said. The victim agrees with the recommended sentence.

She said Idleburgh and the owner have “a form of friendship.”

Nick Cerni, Idleburgh’s attorney, told Judge D’Apolito the incident was “part of a mental health episode” and Idleburgh “certainly didn’t intend any harm.”

While making sure Idleburgh understood the rights he was giving up by pleading guilty, the judge told Idleburgh that the level of felony being dropped to a third degree changes the presumption of Idleburgh going to prison to “neutral.” He said first-degree and second-degree felonies are presumed prison, third-degree neutral, and fourth and fifth-degree felonies are presumption of probation.

He said it is also to Idleburgh’s benefit that prosecutors are recommending no prison or jail time for him.

Judge D’Apolito also told Idleburgh he could send him to prison for up to three years. But, since the victim is OK with the plea agreement, “I probably will be too.” He warned Idleburgh not to do anything that would “endanger this plea agreement. It’s pretty good. And I will probably follow it.

But if you get in trouble or don’t come to court when you are supposed to or anything like that,” prosecutors could ask for a prison sentence.

Idleburgh will be sentenced at 9:30 a.m. March 13 after the Community Corrections Association carries out a presentence investigation of Idleburgh’s criminal history and background.

According to Boardman police, a neighbor on Afton Avenue called 911 to report smoke. Boardman Fire Chief Mark Pitzer said firefighters found smoke and flames coming from the east side of the house. Pitzer said the fire was under control within five minutes and the blaze appeared to have begun in the living room.

Pitzer added that the department determined the fire to be suspicious and called in the Ohio State Fire Marshal’s Office, which sent two investigators and a police dog.

The dog indicated the presence of an accelerant in the living room and the basement, but there was no fire in the basement.

When a police officer approached him at the scene, Idleburgh attempted to walk away from the officer several times and repeatedly asked if he could leave.

A Boardman police report states that Idleburgh told authorities he had been using gasoline to remove tar from the basement floor and he provided inconsistent statements to multiple officers regarding how the fire began. He then refused to speak any further without the presence of an attorney and was arrested on suspicion of arson.

Idleburgh was transported to the police station, where investigators from the fire marshal’s office interviewed him further and arrested him.

Idleburgh was evaluated to determine whether he could enter the common pleas Mental Health Court, but he was not accepted because of being on probation in Pennsylvania, according to court documents.

The drug court team advised that they believed Idleburgh could benefit from participating in the common pleas court drug court program because of his lengthy drug history, documents state.

He was assessed for drug court, but last week Judge John Durkin, who runs the common pleas court’s drug court indicated in a judgment entry that Idleburgh had been denied entry into drug court.

Afton Avenue is east of Southern Boulevard and north of Mathews Road in Boardman.

erunyan@vindy.com