A Whiteside County judge has rejected a plea agreement that would have put a Sterling man behind bars for eight years in connection with an October 2024 fire that destroyed a Galt home and injured two people.
Whiteside County Circuit Court Judge James Heuerman rejected the plea deal struck between defendant Rodney Swan and the Whiteside County State’s Attorney’s Office, saying he was uncomfortable with the length of the prison sentence to be given in exchange for Swan’s plea to a residential arson charge.
That charge accuses Swan of using a trail of gasoline to start a fire shortly before 10 p.m. Oct. 8, 2024, at 5403 Anne St. in Galt. Three people were in the home at the time of the fire; all three suffered smoke inhalation, with two sent to a Rockford hospital for further treatment.
Investigators said Swan had had an earlier dispute with one of the home’s residents, and that 30 minutes prior to the fire breaking out at the home, Swan had appeared on surveillance video at a Sterling Casey’s store. He was seen spending $20 on gas he had put into a unique, round, red gas can.
Investigators determined the fire started in the rear of the home where the kitchen and garage meet on the south side of the residence. The state fire marshal’s office concluded the fire was intentionally set.
That same gas can was found after the fire on property neighboring the burned-out home, with the property owner alerting authorities that he had found the gas can, investigators testified. Prosecutors on Feb. 27 charged Swan with one count each of aggravated arson, knowing people are present, which is a Class X felony; residential arson; and arson.
Under the proposed deal presented in Whiteside County Court on Thursday, Sept. 25, Swan would have been sentenced to 8 years in prison on the residential arson charge in exchange for a guilty plea. The other two charges would have been dismissed under the agreement.
Also, as part of the plea agreement, Swan was going to plead guilty in three other cases. Those charges included:
• One count of possessing a firearm as a felon. In that case, Swan, who was on pretrial release at the time, is accused of having a loaded gun in his waistband on Dec. 20, 2024. The gun discharged into his right thigh as he was pulling up his pants, according to court documents. He was charged in that case on Jan. 8 and taken into custody Jan. 11. He would have been sentenced to 8 years in prison under the agreement. One count each of reckless discharge of a firearm and reckless conduct, great bodily harm would have been dismissed.
• One count of possession of meth stemming from a May 15, 2024, case. One count of possession of drug paraphernalia would have been dismissed. He would have served 5 years in prison.
• One count of burglary filed against him for a May 2022 incident. One count of criminal trespass to a building would have been dismissed. He would have served 5 years in prison.
After hearing the details of the plea agreement and the factual basis of the four cases as presented by prosecutor Lauren Homan, Heuerman told Swan that Swan’s plea of guilty, which he had not yet made, would mean he agreed with the facts of the cases as presented. If Swan did plead guilty, Heuerman, speaking specifically to the Galt arson case, said he “would reject the agreement if the factual basis is correct.”
Swan did not enter his plea. A pretrial conference has been set for 1:30 p.m. Nov. 29, with a jury trial to begin Nov. 4.