Arson charges will not be prosecuted against the owner of a downtown dry cleaning shop accused of setting a fire there in 2010, District Attorney Ricky Smith said Thursday.

Harvey Ray Gillespie, 59, formerly of 103 Newit Vick Drive but now living in Jackson, was indicted in July by a Warren County grand jury for the Sept. 19, 2010, fire at Turnin’ Heads Cleaners, 1514-C Cherry St.

Gillespie was set for trial Monday but Smith said the prosecution’s case was weakened by Gillespie’s insurance carrier paying his claim.

“The insurance company did their own investigation,” Smith said. “He had a policy covering the equipment in the building. The company did believe it to be arson but felt it would be difficult to prove that Gillespie had set it. It could have been a disgruntled employee or someone else.”

In addition, a witness had given investigators a statement that Gillespie had been with her all day before the fire, Smith said.

“It would have been hard to prove beyond a reasonable doubt,” the DA added. “That there were multiple small fires that started at the same time was an indication it was set purposely.”

The flames were contained to the cleaners, but smoke had traveled to Alcorn State University offices next door and a warehouse behind. No one was in the cleaners at the time of the fire.

Gillespie was not arrested at the time. Evidence against him was presented to the grand jury, which issued a secret indictment on the arson charge.

Smith said there was a delay in serving Gillespie with notice to appear in court. A warrant was issued for his arrest, and he was returned to Warren County in October following a traffic stop in Arkansas. After his arraignment in Circuit Court, Gillespie was released on a $2,500 bond, Smith said.