The man accused of setting fire to the courthouse almost two years ago, causing over $100,000 in damage, has been granted another continuance for his trial.

During a brief hearing last month, Judge Gary McKenzie granted the defense for Gary Wayne Ponder, 55, a continuance of trial after finding the defendant’s medical condition could be affecting his mental state. The judge reset the trial date for May 9 and ordered that Ponder undergo another evaluation. Monday the case was delayed again upon a defense motion and no new trial date was immediately set.

As grounds for continuance, Assistant Public Defender Scott Grissom produced a letter from Sherry Wright, a nurse practitioner at Vanderbilt University Medical Center, who saw Ponder on March 21 and found him to be confused. According to Wright, Ponder is being treated for cirrhosis of the liver and that complications from this condition causes confusion.

Judge McKenzie granted the motion for continence, stating that, by allowing time to ascertain the defendant’s medical condition, it could save the case being sent back down on appeal if there should be a conviction.

Smithville Police charged Ponder on Wednesday, June 15, 2016 after he was seen on the courthouse surveillance video system intentionally lighting fire in a newspaper recycling bin on the first floor vestibule. The video, which is the centerpiece of the state’s case, showed on Tuesday, June 14, 2016 Ponder grabbed newspapers from the recycling bin and started the fire by lighting them with a cigarette lighter. The fire damaged the wall behind the recycling bin and cracked a window in the vestibule near the first floor entrance of the courthouse. Local attorney Jim Judkins saw the fire and tried to douse it with coffee and other drinks before he was given a fire extinguisher to put out the flames.

Total damages to the courthouse caused by the fire came to $120,706.52, the amount covered by insurance. The courthouse also had a new fire alarm installed after the fire since the alarm did not sound despite the size of the fire and smoke.