FARMINGTON — A state prosecutor has dismissed two arson charges against a Rumford man for insufficient evidence, according to a Franklin County court document.

James Bigos, 55, was accused of setting a fire that destroyed a large workshop/shed on Route 43 in Temple next to a residence where his ex-wife was living on Dec. 20, 2015.

Bigos was arrested several days later on two counts of arson and was later indicted by a grand jury on the charges.

Surveillance video shown in court on Nov. 30, appeared grainy and showed a person with a unique walking pattern entering the shed. The person left the shed and it started to burn.

According to testimony, Maine State Police Sgt. Kyle Tillsley was asked by state fire investigator Jeremy Damren to review the video to determine whether it showed Bigos. Tillsley was unable to positively identify the person in the video.

Investigators from the Office of the Maine State Fire Marshal’s Office set up an interview with Bigos in Rumford. During the interview Bigos and investigators walked alongside a road, while Tillsley watched from out of sight. After the interview, Tillsley identified Bigos as the person going into the shed.

Tillsley testified that he was familiar with Bigos’ posture and gait. He had arrested him two, possibly three times, and had known him during his divorce, he testified. He also has seen Bigos walk around Rumford many times with a walking stick.

There is no evidence that Sgt. Tillsley has had sufficient opportunity to observe the defendant in different settings and circumstances, according to Judge Maria Woodman’s order to prevent Tillsley’s identification testimony to be heard by a jury, if the case went to trial.

The court’s decision focused on the fact that Tillsley was not able to identify the defendant as the individual in the surveillance video footage.

“Rather, Sgt. Tillsley was only able to identify defendant after the suggestive show-up identification, indicating that there is no independent source for identification,” according to the order.

dperry@sunmediagroup.net

James Bigos (Franklin County Detention Center)