David Shepherd and David Theaker guilty of New Year's Eve arson attack on failing Darlington restaurant Fatz Diner

David Shepherd and David Theaker were on Thursday afternoon found guilty of torching Fatz Diner in Northgate, Darlington.

The pair were remanded straight to custody by Judge Sean Morris after the unanimous verdicts at Teesside Crown Court.

The former Fatz Diner in Darlington. Photo: Sarah Caldecott

They will be sentenced on December 9 when the building's owner will be there to read out his victim statement.

The restaurant was gutted by fire just days after its owner was issued with a demand to leave because of unpaid bills.

Shepherd used a pair of pliers to disable a fire alarm, while a smoke detector had also been removed from a wall.

The prosecution said the fire was a “joint enterprise” between the defendants and “not the most sophisticated” attempt.

Shepherd, 28, became the sole person in charge of the steakhouse business after a business partner left.

A jury was shown pictures of the extensive damage inside the building with the fire being caused by lit napkins.

The court heard that the paper serviettes had been lit at various locations, including under a deep fat fryer.

Prosecutor Peter Sabiston said DNA on cigarette butts belonging to both defendants were found on the premises.

Both shook their heads when the jury of eight men and four women returned their verdicts after just 90 minutes.

Katy Rafter, for Shepherd, applied for bail, saying he has a 19-month-old son and partner, and wanted to "sort out his affairs".

Remanding them in custody, Judge Morris replied: "Has he not already done that? He should have thought about that earlier."

He told the jury that neither pre-sentence reports nor psychiatric reports were needed, because both would be jailed.

The judge said: "Custody is inevitable. It always is with fires because of the danger it puts firefighters in.

"These are men and women who risk their lives and the courts take a very very serious view of arson."

He added: "It is not, in my view, one of those arson attacks which require a psychiatric report.

"Very often they say it is more or less compulsory, but this was just a mindless, stupid drunken enterprise. I don't think there any deep psychotic problems."

The court heard how Shepherd had been in dispute with the landlords over some of the items that were left.

The jury were shown CCTV footage of the defendants approaching and leaving the premises and also entering the BP filling station, in High Northgate, where Shepherd bought cigarettes.

Shepherd at first denied going to the diner or being at the garage, but said he could not be sure because he had been drinking.

Theaker told police he was “steaming drunk” and claimed he did not smoke when asked about the cigarette butts.

He later said he must have gone to the premises, but denied setting the fire.

Shepherd, of Harcourt Street, Darlington and 26-year-old Theaker, of Westmoreland Street, in the town, denied a charge of arson.