May 16, 2008 - 10:42 AM
Scott Howard
The teenaged arsonist who destroyed Knox Presbyterian Church will be back in Cannington in a matter of weeks.
The 17-year-old -- who cannot be identified under the Youth Criminal Justice Act -- was sentenced Monday afternoon to a year in custody and two years probation. However, Justice Mary Theresa Devlin gave the teen one-and-a-half times credit for the 219 days he's spent in custody since his arrest. With that stipulation, the teen has spent 329 days in custody thus far and will be released in another 36.
The teen has been in custody at the Brookside Youth Centre in Cobourg since his arrest on Oct. 7. He entered a guilty plea in January to charges stemming from the string of deliberately-set fires as well as prior car theft charges.
The sentence didn't sit well with the handful of Knox parishioners who made the trip down to Oshawa for the hearing.
Just minutes after it was rendered, they gathered in the hallway outside the courtroom, just metres away from the teen's family.
"There's not much justice in that," said one parishioner.
"It's not fair to the community," added another.
The sentence handed down by Justice Devlin pretty much lies in the middle of requests from Crown and defense attorneys.
The Crown requested a three-year blended sentence -- with two years in custody and a year of supervision -- while defense counsel Lloyd Greenspoon argued that the teen should be sentenced only to psychological counselling and probation.
Counselling will be included in the teen's probation. He will also have to complete 240 hours of community service -- the maximum allowed -- and submit a DNA sample to police.
Mr. Greenspoon argued against the latter stipulation, saying that it "wasn't in the best interest of justice." Justice Devlin replied by saying that while the teen confessed to his crimes in this instance, he may not be as co-operative in the future.
"There may be a time when you're not as forthright with police," she told the teen.
For the first six months of his probation, the teen must abide by a 9 p.m. to 6 a.m. curfew. In the following 18 months, a curfew will be established by a youth worker.
The curfew provision provided little peace of mind for many of the Knox parishioners, who noted that a similar curfew was in effect when he set the fires.
"It's almost a joke to say that a curfew will have any effect," one said.
Before delivering the sentence, Justice Devlin noted the presence of Knox parishioners and the teen's family and friends.
She also addressed the teen and asked if there was anything that he held sacred. After some brief fumbling with the question, he replied "My family."
"I really didn't know what you would say," Justice Devlin responded.
"If you would have said nothing, I would have felt more sorry for you than I have throughout this trial... I want you to hold on to that (your family). You're lucky to have a family that has stood behind you, loved you and supported you."
She also went over the facts of the case and noted the impact the fires have had on the community.
"What you did on Oct. 7 was evil," she said.
Close to $4 million in damage was caused in the fires, with the most severe coming at Knox. The historic building was gutted by fire and was eventually bulldozed.
Several vehicles were also set ablaze as was the basement of Trinity United Church. Though a final tally on the amount of damage caused at Trinity is still unknown, the repair costs thus far hover around the $100,000 mark.
"The community of Cannington has suffered tremendous losses because of these fires," Justice Devlin said.
She also pointed to victim impact statements from parishioners at the two churches.
"All of the letters speak of forgiveness for you. People who didn't know you before this, people who you have hurt... are praying for you," Justice Devlin said.
"I hope you can find a way to forgive yourself."
While the teen didn't take the opportunity to address the court prior to sentencing, he did pen a letter to Justice Devlin saying he was "deeply sorry" for his actions and that his time in custody has changed his life.
That letter, coupled with the guilty plea, did show the teen has remorse for his crimes, Justice Devlin said.
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