Arsonist sentenced to 4 years for startling string of fires in Bay d'Espoir
A man who torched a school, town hall and RCMP detachment on Newfoundland's south coast to "extract a payment" from society was sentenced Thursday to four years in prison.
Donald Craig MacHaight, 49, had pleaded guilty in September to three counts of arson for fires in Bay d'Espoir on Jan. 17, 2017 — fires he deliberately set to make up for an unfair life.
MacHaight was sentenced Thursday morning in provincial court in Grand Falls-Windsor.
In his decision, Judge Robin Fowler said he found remorse in MacHaight's various comments to the court about the crime, including his insistence to repeat his guilty plea directly.
"I would suggest that this has been an articulate effort," Fowler said Thursday during the sentencing hearing.
The judge also noted that although MacHaight attempted to avoid hurting anyone in the fires by picking a cold and snowy night, "One doesn't need much of an imagination to come up with a scenario where this could have ended badly in terms of human life."
MacHaight had submitted a 25-page handwritten statement that detailed his life story, including a deep depression that he said was caused by the provincial government's refusal to compensate him for damage to his home during flooding in October 2016.
MacHaight also wrote about his appearance, the death of his mother and father, his childhood, his life as a "shut-in" and his diagnosis of schizoid personality disorder.
Fowler said Thursday that the diagnosis was to be treated as a mitigating factor in the crime.
"Prior to his actions, he was living a life of misery, but could not really explain why. He reported that it was a way to strike back, retribution for the way he was treated," Fowler said, quoting from a pre-sentencing report prepared for the court.
Restitution request denied
The RCMP had petitioned the court to order MacHaight to pay close to $1.5 million dollars in restitution, to compensate for damage to the Bay d'Espoir detachment.
"It's a large amount, but the building has to be restored," explained Crown attorney Karen O'Reilly, whose office presented the restitution claim.
"The restitution request itself would lay out specifically how they came to that figure. But given the amount of destruction, it's not unusual."
Fowler denied that request Thursday.
"Mr. MacHaight does not have the means to pay this amount, and for an individual with his mental health and anxiety issues, it would — in my opinion — constitute a cruel and unusual punishment to order that restitution order."
However, Fowler did comment on the three victim impact statements submitted to the court by employees of the Town of Milltown—Head of Bay d'Espoir, Bay d'Espoir Academy and the RCMP.
He suggested the statements indicate the impact of arson in rural communities.
"In addition to concerns that could be expected with this type of offence … the community is additionally concerned as to if they will lose these precious resources for good. There are concerns of the school being rebuilt, the detachment coming back in."
Extensive time served
With credit given for time spent in custody, MacHaight has 911 days — or just under two and a half years — left in his sentence.
MacHaight has been in custody since he was arrested the night the fires were set on Jan. 17, 2017.
O'Reilly said after the ruling that while her office has 30 days to consider an appeal, the judge's decision was within the normal range of sentences given out for similar crimes.
O'Reilly had asked for a five-year sentence on behalf of the Crown, while the defence asked for four years.
MacHaight's lawyer declined to comment following the sentence.
