Arsonist gets two years in jail
Man sets car alight, damages two others on busy morning for firefighters
Daniel Campbell
Northern News Services
Published Friday, March 21, 2014
SOMBA K'E/YELLOWKNIFE
A man who pleaded guilty to setting a car on fire and damaging two others last summer has been sentenced to two years in jail.
Foster Allen, 24, committed the offences the same morning two other fires raged in Yellowknife - a house fire in Ndilo and a warehouse fire in Kam Lake.
A 23-year-old man admitted to starting the disastrous fire in Kam Lake on July 24, causing over $1 million in damages. Andrew Joss, who has no previous criminal record, was sentenced to a year in prison for the offence on Feb. 5.
A few hours after the warehouse fire, according to a written decision by Judge Garth Malakoe Feb. 27, Allen was intoxicated around 5:30 a.m. July 24 and trying the door handles of vehicles parked downtown while looking for spare change.
He managed to get inside an unlocked Nissan Xterra
in a parking lot behind Quality Furniture. He found a bottle of motor oil and gas line antifreeze and for some reason decided to pour both bottles out in the vehicle and set the fluid alight.
Allen continued walking downtown afterwards, finding another unlocked vehicle. He ripped the steering wheel column off the Buick Century and pulled out numerous wires attempting to start it.
Allen then walked further down Franklin Avenue, trying more car doors. He found a skull-shaped figure in one vehicle and used it to smash the driver's side window of a Volkswagen Beetle.
Firefighters responded to the Nissan fire around 6 a.m., noting extensive smoke damage and a destroyed passenger seat.
Allen was arrested for the offences Aug. 11 and gave a statement to RCMP admitting to his crimes.
He was released on bail and ordered to be on good behaviour, not possess any fire "accelerants" and abide by a curfew. He was arrested again Aug. 16 for breaching those conditions by being out past his curfew and possessing three lighters.
Malakoe found Allen guilty Nov. 20 for one count of arson, two counts of mischief and two counts of failing to comply with court orders. Crown prosecutor Laura Wheeler asked the courts to impose a two-to-three year sentence for all the offences. Allen's lawyer Alanhea Vogt asked for a 12-15 month jail sentence.
In his decision, Malakoe noted Allen's "aggravating" criminal record, with seven property offences. He considered forcing Allen to pay back the damages he caused to the vehicle owners, but said "given Mr. Allen's current position in life, there is little chance that he would be able to make the necessary payments."
He sentenced Allen to two years less one day in jail, followed by a year of probation. He was given 294 days credit for the 196 days he spent in custody before his sentence, meaning he has about one year and two months left to serve.
In his decision, Malakoe said he granted the enhanced credit - even though Allen breached his release conditions in August - because he was being sentenced for the breaches separately.
