For the second time in just over a week, an attempted capital murder charge against a minister accused of trying to torch his former lover's home has failed to pass muster.

A Stafford County grand jury Monday rejected a request to have 55-year-old Carl Ellis Jenkins indicted on the attempted capital murder charge.

The grand jury did, however, indict Jenkins on an arson charge. A trial date for that charge will be set later.

Jenkins--a Stafford resident who is the pastor of the Dale City Christian Church in Prince William County--is charged with trying to burn the Stafford home of Sandra V. Cager early March 2.

Cager used to work for Jenkins at the church, according to previous court testimony, and had an affair with the married pastor.

Following a March 22 preliminary hearing in Stafford General District Court, Judge Harrison Braxton declined to certify the attempted capital murder charge to the grand jury, saying the evidence was insufficient.

The commonwealth's attorney's office presented the indictment request to the grand jury anyway, a common practice that often leads to indictments.

It is not clear what evidence the grand jury heard Monday. The grand jury deliberations are held in private.

Prosecutors could still seek the attempted capital murder indictment at a future grand jury hearing. But Mike Levy, one of Jenkins' attorneys, is hopeful that they won't.

"When the general district court judge rules there isn't probable cause, then a grand jury [declines to indict], that certainly says something about the lack of strength on that charge," Levy said.

Jenkins is still charged with two other counts of attempted capital murder involving Cager's sons, ages 12 and 11. A hearing on those charges is scheduled for April 10 in Juvenile and Domestic Relations Court.

Cager and her two sons were aroused early March 2 by the smell of gasoline, according to testimony.

Firefighters discovered that someone had doused the front door area with gasoline and lighted a match. The area is mostly concrete, and the fire burned itself out after doing minimal damage.

Cager told authorities that Jenkins was upset with her because she'd broken off their relationship.

A newspaper carrier testified that she was near Cager's home about 3 a.m. when she saw Jenkins walking with something red under his arm.

Jenkins is being held without bond in the Rappahannock Regional Jail. The state Court of Appeals is expected to rule soon on Jenkins' appeal of a decision to deny him bond.