James Brenner was found not guilty last week of starting the fire that destroyed the St. John Baptist Church.

After two days of testimony the jury cleared Brenner of arson and burglary of the church in 1995. Earlier in the trial Circuit Judge Rodney Peeples dismissed a conspiracy charge.

The state’s case was based on the testimony of two brothers, Bobby and Roger Emerson, who said they were with Brenner the night of the fire. They said he set ablaze a Bible and left it burning on a stack of other books at the church. They said while the three vandalized the church, Brenner also set fire to some brush outside the concrete structure.

The two men pled guilty earlier to being an accessory after the fact and will be sentenced under the Youthful Offenders Act. They could get as much as six years, or as little as 90 days, in a youth prison.

Public defender Beth Fullwood presented no witnesses and rested her case immediately after the prosecution rested.

She told the jury that there were discprepancies in the two men’s stories about Brenner, and she suggested they had agreed to testify against him in order to get a lighter sentence.

Church members sat in silence when the verdict was read.

The church has been the victim of vandalism for many years, and was only recently rebuilt after the fire in 1995. Ammie Murray, who led efforts to rebuild the church said “it just doesn’t seem right,’’ after the verdict was read.

The Emerson brothers testified that on the night of the fire Brenner picked them up and they went riding around and drinking in the South Congaree area.

They then went to Old State Road, an isolated area south of Cayce in Lexington County. Both said they went to that area often to drink and have fun. They ended up at the church and broke in, they said.

They said Brenner pushed the door in and the three of them vandalized the building by turning over pews and and tearing up books. They also testified that Brenner set fire to one Bible but Roger Emerson said he snuffed out that small blaze.

Robert Emerson said after that, he left the building when Brenner set fire to another Bible and left it burning on a stack of other books. He also testified that Brenner set fire to some straw he had piled up beside the structure.

The Emersons testified that they then left the scene, but they said they saw no flames as they left the area.

Fullwood brought out the fact that the Emersons had given conflicting reports to police officers when they had been questioned.

When they were first questioned they denied any knowledge, and over about a year they gradually told officers more about the incident.

“Which story are we to believe,’’ Fullwood asked the jury.

Robert Emerson first told officers they were there with a group of people, then he told officers he was there with Brenner and another person, but only later said his brother was there.

Sheriff’s deputies said they slowly developed the three into suspects before arrests were made in 1996.

About a month ago Brenner had apparently agreed to plea guilty, but changed his mind at the last minute. He gave no reason for the change.