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Man sentenced after starting a fire in a mattress on Boxing Day

'Your journey is not going to be short. You need support, you don't make good decisions on your own,' the judge said
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The Sault Ste. Marie Court House is pictured on July 21, 2022.

Michael McDonald barricaded himself in his Chapple Avenue apartment and ignited a fire in a mattress on Boxing Day last year.

On Oct. 29, he pleaded guilty to arson causing damage and was sentenced to a six-month conditional sentence, which he will serve in the community, plus 30 months probation.

Ontario Court Justice John Condon heard firefighters contacted city police at 3:40 p.m. on Dec. 26, seeking assistance with a barricaded resident who was refusing to let them into his apartment.

When police arrived, the 32-year-old man told one of the cops that he lit the fire because he wanted to kill himself, assistant Crown attorney Andrew Allen said.

Another officer took him into custody under the Mental Health Act and he was transported to the Sault Area Hospital.

Defence lawyer Eric McCooeye said his client was kept there for a number of days.

McDonald returned a week later on his own and and stayed a further week.

"He is doing well with his mental health now" and is "vastly different" than he was at the time of the incident.

The accused's actions caused $21,174 damage to the unit and put others, including first responders and the building's residents, in danger, Allen said.

The prosecutor called for six months "real custody" in jail, followed by two-and-a half years probation, citing the need to denounce such behaviour.

He also argued that the accused should pay restitution to the Sault Ste. Marie Housing Authority, the property owner.

The defence told Condon he's "surprised the Crown is asking for jail," noting the court can take into account that his client's mental health situation has improved.

"There is a connection between his mental health difficulty that day and the event."

Since the incident, McDonald has been serving a conditional sentence on another matter.

He's been "faithfully" attending Garden River First Nation's Dan Pine Healing Lodge weekly since August and is "doing exceptionally well."

McCooeye asked the judge to suspend sentence and place McDonald on probation.

"The arson took place in his room and didn't appear to have effects on others in the building," he said, adding "I don't think they had to empty it."

He told Condon if the court feels it is necessary to impose custodial time it should be a six-month conditional sentence, followed by probation.

Such a sentence would permit McDonald to continue attending the healing lodge and a methadone program, McCooeye said.

"A punitive sentence would be a setback for everybody, including the whole community."

He urged Condon not to impose restitution as part of the sentence, but rather as a stand-alone order and for a lesser amount.

"I apologize to the court for my actions that day," McDonald told the judge, explaining he was under the influence of drugs at the time.

When he imposed sentence, Condon said he must send a message that this behaviour is unacceptable and there are consequences.

McDonald's actions damaged property in a multi-residential building and put himself and first responders at risk.

"It also impacted others living there. People should feel safe in their own homes," the judge said, adding he "compromised the psychological well-being of other people in the complex."

Referring to a pre-sentence report, Condon said he knows McDonald has difficulties, was disconnected from his culture and has a history of drug misuse.

He said he also knows the person in court today is different than he was on Dec. 26.

"A real jail sentence would seriously undermine the progress you've made," he told McDonald "and a suspended sentence with probation is not enough.

"Jail served in the community is appropriate and I agree with six months given your conduct and the impact it had on others."

McDonald will spend four months under house arrest and two months with a 9 p.m. to 6 a.m. curfew.

He will be on probation for 30 months with conditions that include counselling and staying away from the Chapple Avenue building.

"Your journey is not going to be short," the judge said. "You need support, you don't make good decisions on your own."

Noting McDonald must be held accountable, he imposed a stand-alone restitution order for $21, 724.

The amount must be paid in full within 15 years.

 

 

 



About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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