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Teen gets a year in jail for arson Paul Bickford Northern News Services Published Monday, March 21, 2011
Nathan Magtibay, 19, was sentenced in Hay River territorial court on March 16.
Magtibay had earlier pleaded guilty to his role in setting an early-morning fire on Sept. 25, 2010, which damaged the Hay River Community Youth Centre. According to an agreed statement of facts read by the Crown, Magtibay and two young offenders set fire to the rear wall of the youth centre with lighter fluid they picked up in a field. They then ran off, but returned to the scene when the fire died down and added wood from a skateboarding area on the grounds of the youth centre. They again fled the scene. The fire was noticed by a passerby and court was told only the quick action of the RCMP and the Hay River Fire Department prevented the building from possibly being destroyed. Using video surveillance that had recently been installed at the youth centre, the RCMP was able to identify one of the young offenders, who made a statement to police. In passing sentence, Judge Robert Gorin recognized personal difficulties that Magtibay has experienced in his life. "Still, the arson you committed was a very serious crime," the judge said. Gorin said Magtibay and the young offenders were "persistent" in setting the building aflame. Magtibay's lawyer said alcohol use and anger issues played a role in the offence. Through his lawyer, Magtibay - who didn't address the court himself - apologized for the offence. In addition to the jail time, he received one year's probation following his release. Damage to the building, which is owned by the Hay River Ministerial Association, was estimated at $9,308. Gorin ordered restitution to the association for the damages in the form of a civil judgment. A victim impact statement from Father Don Flumerfelt, the chair of the youth centre, was also read out in court by the Crown. Flumerfelt wrote he was "dismayed and deeply disappointed" the three offenders had set fire to a building that they themselves had used. The two young offenders - 16 and 17 at the time of the fire - also pleaded guilty to arson and were to be sentenced in youth justice court on March 16. However, their sentencing has been adjourned to April 18.
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