Break for arsonist of own home

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This article was published 20/09/2013 (4579 days ago), so information in it may no longer be current.

A Manitoba man who torched his own home has avoided going to federal prison as part of a judge’s bid to get him into mental-health and addictions counselling.

Clayton Fehr will remain in the provincial jail system for the next nine months and serve a two-year period of supervised probation to follow, Court of Queen’s Bench Justice Joan McKelvey ruled Thursday.

Following a trial earlier this year, Fehr, 38, was convicted of arson.

On Jan. 4, 2011, he used an accelerant to set fire to his Altona home for reasons McKelvey found were “largely unexplained” at the time it happened.

“There is no question that Fehr suffers from psychological and addiction issues that must be addressed. I am satisfied that there is a strong likelihood that this fire was ignited because of those issues and was indicative of a possible suicide attempt,” McKelvey said in a 17-page written decision.

The home was a total loss and Fehr’s insurer refused to cover the cost of rebuilding it. He also suffered burns in the blaze.

Fehr had called his mother just prior to the fire, telling her to “call the funeral director.”

He has a history of suicide threats and mental illness, although not to the point where he sought to be found not criminally responsible for his actions.

A friend of his also testified Fehr had been drinking and “had not been himself” in the days before the arson, said McKelvey.

Fehr has two prior arson convictions surrounding domestic-related incidents, including one in 2003 where he told police Satan had given him a lighter and he could see “demons in the flames.”

Crown attorney Neil Steen sought a prison term of 31/2 years, saying Fehr represents a threat to society and lacks insight into his problems. He’s been assessed by Manitoba Corrections as a high risk to reoffend.

But McKelvey found because of Fehr’s “unique” psychological and addictions issues, it would be better to ensure he was supervised for a lengthy period and offered help when he gets out.

She ordered a sentence of two years less a day minus 15 months of time Fehr has already served.

She rejected a request from defence lawyer Mike Cook that would have seen Fehr receive extra credit for his time spent on remand.

His probation conditions mandate him to attend, participate in and complete any mental-health counselling as directed by his Manitoba Corrections worker as well as abstain from alcohol and drugs.

james.turner@freepress.mb.ca