The man accused of intentionally setting fire to a Johnson City apartment house, killing two little boys, will have his fate decided by a Judge instead of a jury.

39 year old Dwight Burton opted for a bench trial in his case.  He previously turned down a plea deal.

Burton has pleaded not guilty to murder, arson and eight other counts in the October 2015 fire on Floral Avenue that left 4 year old Joshua Maxwell and 3 year old Michael Maxwell dead.

The children’s mother and her friend jumped out of a third floor window and suffered serious injuries.

Authorities said it appeared Burton had set the fire in an act of revenge against his former girlfriend, Jessica Baxter.

The children’s mother was Erica Kurtz, who was staying with Baxter.

If Judge Joseph Cawley finds Burton guilty of murder, the Johnson City man faces a possible maximum sentence of life in prison.