Few cases prosecuted; those convicted often avoid jail

Doug Guthrie and Santiago Esparza/ The Detroit News

Detroit— Overloaded state prison and justice systems aren't making enough room for convicted arsonists, often treating firebugs to light sentences of probation or less, countyprosecutors and insurance industry officials warn.

And the first conviction in a crackdown on arson for profit initiated six months ago by Wayne County's prosecutor with financial backing from the insurance industry might serve as an example of just how lightly the crime is treated statewide — even in a county with runaway arson troubles.

In December, charges against Giovanni Naccarato were among the first announced by Prosecutor Kym Worthy to be handled by an assistant hired with a $155,000 grant from the insurance industry-supported Michigan Arson Prevention Committee. Naccarato faced multiple 20-year felonies for setting fire in 2007 to a Lincoln Park apartment building.

He pleaded no contest, but Wayne County Circuit Judge Margie Braxton gave the 44-year-old Dearborn Heights man three years' probation last month. The sentence was far below Naccarato's state-mandated sentencing guideline of a minimum of almost four years and a maximum of more than six years. Worthy vowed to appeal.

The fire was set to collect insurance. No residents were injured because they were ordered out of the two-story brick structure for insect fumigation before the fire was set. Firefighters responding to the intense blaze found containers partially filled with gasoline in a stairwell. One firefighter suffered minor injuries.

Naccarato will pay restitution, the amount to be determined at a July 25 hearing before Braxton.

Worthy had warned when announcing her crackdown last year that the state's justice and prison systems don't put a high enough priority on the crime insurance authorities say might account for more than two-thirds of about $663 million in fire damage claims filed in Michigan last year. They are claims that affect how much everyone pays for home and business insurance.

Meanwhile, the number serving time for arson in Michigan prisons is at its lowest level in more than a decade. There were 260 inmates behind prison bars for arson in 2009, the latest accounting of prison populations available from the Michigan Department of Corrections. The prisoner count has steadily declined almost 30 percent from a high of 365 in 2003. The number was 302 in 1999.

This comes as FBI crime stats for Detroit show arson up, with 1,082 incidents reported in 2010 and 636 in 2009.

Wayne County led the state in 2010 with insurance companies paying $237.8 million for damage caused by arsons or suspicious blazes. A wide margin separates second-place Macomb County, with $112.7 million in damage from arson and suspicious fires, according to data from the Insurance Institute of Michigan.

Worthy said some might see arson as a Detroit problem without considering the spreading influence of the bad economy, massive foreclosure numbers and home abandonment on other communities as well.

"What it comes down to is the state of Michigan doesn't take arson very serious," Worthy said. "People know they can get away with it, so they do it."

Worthy looks to Lansing's legislators to make changes in the law to give prosecutors and judges clear direction and a way to distinguish sentences between major arson crimes and lesser incidents.

One proposal calls for distinguishing arson in degrees, with seven steps progressing in severity from a 90-day misdemeanor for setting a fire of less than $200 in value to first-degree arson that would carry up to a life sentence for setting a fire for profit at a multiunit dwelling or that causes injury.

The number charged with arson in Wayne County over five years has remained about the same — 125 to 130, according to Assistant Prosecutor Maria Miller. Statistics from Worthy's arson initiative won't be available until the end of the year.

Oakland County Prosecutor Jessica Cooper said she has watched in frustration over the past decade as the prison system has diverted more nonviolent offenders from prison sentences toward shorter county jail terms and probation, sometimes with alternative punishments such as community service.

Oakland County had $19.2 million in arson and suspicious fire damage in 2010, ranking it fourth among Michigan counties.

"It is troublesome that a crime like arson, that can be a major crime in terms of cost and potential violence, is considered a nonviolent crime that results in low sentencing guidelines or recommendations," Cooper said.

"But realistically, where are you going to put them? MDOC has said we only have so much room at the inn. Priorities are set, and criminal acts that don't involve a repeat offender or blood and gore aren't considered as important."

Prison officials argue they haven't targeted particular crimes such as arson for softer sentence recommendations, but arson offenders normally facing only two- to four-year maximum sentences likely have been affected by a state prison program that gives $30 million annually to divert convicts with low minimum sentence recommendations to county jails along with probation, community service and restitution.

"We have not focused on arson," Michigan Department of Corrections spokesman Russ Marlan said. "But 35 to 40 percent of those who fall into what we call 'straddle-cell' guidelines (within six months of the one-year maximum taken by county jails) are diverted to county programs, and arson very likely is affected."

'No blood on the floor'

Frank Scafidi, public affairs director for the California-based National Insurance Crime Bureau and a former FBI agent, said in some areas such as Metro Detroit, authorities have almost resigned themselves to the fact that no room is available in prisons for arsonists. And he believes perpetrators have caught on to that fact.

"A few years ago, you might have gotten three years for this sort of thing. Insurance fraud overall — a goodly lot of it is arson — doesn't excite a lot of folks. There is no blood on the floor," Scafidi said. "It's frustrating."

Insurance fraud and arson are hard to prosecute, and difficult economic realities have made arson a low priority, Scafidi said. He blames the nationwide get-tough-on-crime movement of the 1990s for increased sentencing guidelines elsewhere, especially on drug dealers, that spurred the construction of new prisons that are now overcrowded and underfunded.

"Those pigeons are still in the roost, and those tougher sentencing laws mean the prisons are bursting at the seams," Scafidi said.

The economic downturn has caused cash-strapped authorities to retroactively reduce sentences for some, such as some drug couriers serving life in prison. The recent federal Fair Sentencing Act also recommended the reduction of tough prison terms for crack cocaine violations.

Wayne County getting worse

There were 11,326 arson and suspicious fires in Michigan in 2010, according to the insurance institute.

That's slightly less than the 11,767 reported in 2009, but in Wayne County, which reported by far the most arson and suspicious fires in the state, the numbers continue to inch upward.

The estimated $237.8 million in 2010 damage from arson and suspicious fires in Wayne County accounts for 81 percent of total fire losses in the county, according to Insurance Institute of Michigan spokeswoman Lori Conarton.

"Those are staggering numbers," Conarton said. "That is why we had to be proactive. We have never done anything as big as the Wayne County project (with Worthy's office)."

Fires in the region's many abandoned houses boost the numbers.

Only the charred shell of a house remains at 3336 16th St. in Detroit after what neighbors say was a suspicious fire that gutted the vacant home last week. Detroit Fire Department arson investigators had yet to identify the cause as of Friday.

Neighbors said arson fires on the street near Martin Luther King Boulevard are common. They point to several homes dotting the street that have suffered fires.

"I worry about it," said DeAngela Lewis, who has lived in the neighborhood since August.

"I have kids," the parent of six said. "I'd like to see the city do something about these (burned) houses."

Tips, rewards lead to arrests

At times, the insurance industry has stepped in to assist budget-strapped law enforcement efforts to reduce Michigan arsons, offering rewards on tips leading to arrests or providing arson investigators with crime-fighting tools.

"We need to keep showing that people (arsonists) will be prosecuted for these crimes," Conarton said.

In 1975, the Michigan Arson Prevention Committee, which is made up of insurance agents and police and fire investigators and officials, paid a single $500 reward that led to the arrests of eight arson suspects. In 2010, the committee paid $35,000 for tips that helped arrest 19. In total, the committee has paid $741,000 for tips that helped arrest 1,154 arson suspects.

In Roseville, a dog that can detect the presence of accelerants, such as gasoline, used to set fires was donated to the Fire Department in 2009 by State Farm Insurance. Training the dog, named Windy, and a handler costs $20,000.

The Macomb County municipality generally has fewer than five arson cases a year, but Roseville Fire Marshal Craig Robertson said he and the dog help investigate another 50 to 60 cases annually throughout Metro Detroit.

"We have a lot of people laid off," Robertson said, a problem that contributes to the heightened risk of for-profit arson in a region hard hit by the economy. "We have a lot of foreclosed homes. It's a problem."

dguthrie@detnews.com

(313) 222-2548

Giovanni Naccarato, 44 of Dearborn Heights has been charged with four counts of Arson of a Dwelling, a felony punishable by up to 20 years in prison; Arson of Insured Property, a felony punishable by up to 10 years in prison and Arson of Personal Property $1,000 - $20,000, a felony punishable by up to five years in prison in connection with the arson of an apartment building located on the 1500 block of Lafayette in Lincoln Park and insured by Badger Mutual Insurance Company. 

The fire occurred on October 6, 2007.  All tenants of the complex had been advised to evacuate the building prior to the fire for purposes of insect fumigation therefore none of the residents were injured or present during the fire. Upon arrival, firefighters observed a fire emanating from the two story brick apartment building. One firefighter was injured at the scene.  Firefighters observed two partially filled gas containers on the stairway leading to the second floor of the apartment complex and a third gas can in the southwest corner of the basement of the apartment complex.

Mona Hussein Fawaz, 43 of Ann Arbor has been charged with Arson of a Dwelling, a felony punishable by up to 20 years in prison; Arson of Insured Property, a felony punishable by up to 10 years in prison and Insurance – Fraudulent Act, a felony punishable by up to 4 years in prison and restitution.  The fire occurred on September 26, 2009 at her home located on the 5400 block of Reuter in Dearborn that was insured by Farmers Insurance Group.  Firefighters responded and extinguished the fire which was primarily contained in the basement of the dwelling. Two firefighters were treated at the scene for heat exhaustion as a result of battling the flames.  Fawaz was arraigned on the warrant at the 19th District Court in Dearborn on Tuesday, November 30, 2010 and her preliminary examination will be held on _____.

Kelly Ann Thornton, 31 of Brownstown has been charged with Arson of a Dwelling, a felony punishable by up to 20 years in prison; Arson of Insured Property, a felony punishable by up to 10 years in prison and Arson of Personal Property $200 - $1,000, a misdemeanor punishable by up to one year in jail in connection with the August 19, 2010 arson of a rental property that she owned located on the 1800 block of O’Connor, Lincoln Park that was insured by State Farm Insurance.  Firefighters arrived at the scene of the burning home at 2:45 p.m.  The home was vacant at the time and it was noted that the renters were in the process of moving out over the days prior to the fire occurrence.  Thornton was arraigned on Tuesday, November 30, 2010 at Lincoln Park 25th District Court.  Her preliminary examination will be held on Tuesday, December 14, 2010 at 9:00 a.m.  

“Arson fires have been plaguing our communities and with the assistance of the Michigan Arson Prevention Committee working closely with the National Insurance Crime Bureau we are making great progress in prosecuting defendants who are risking the safety of our citizens, our firefighters and ruining property values,” said Prosecutor Worthy.

The charges stem from the establishment of the Wayne Arson Reduction (W.A.R.) program established through the fundraising efforts of the Michigan Arson Prevention Committee in conjunction with the National Insurance Crime Bureau. 

Arson-for-profit, which results when people burn or have someone else burn their residence or business to obtain insurance benefits, is a growing problem in Michigan.  In 2009, there were 6,515 arson and suspicious fires reported in Wayne County.  That compares in 5,669 in 2008.

On June 1, 2010 the Michigan Arson Prevention Committee, working closely with the National Insurance Crime Bureau, has provided grant funding for Assistant Wayne County Prosecutor, Louisa Papalas, to work on for-profit cases on a year-long basis.

Through the Michigan Arson Prevention Committee, rewards of up to $5,000 are paid to persons who provide information that leads to the arrest and/or conviction of arsonists. The number for reporting these crimes is 1-800-44- ARSON.



Published: Yesterday

A Michigan man will continue serving a life sentence for murder after the U.S. Supreme Court ruled today that he gave up his rights against self-incrimination because he did not explicitly tell police he wanted to remain silent after his arrest.

The 5-4 decision overturns a ruling by the U.S. 6th Circuit Court of Appeals and reinstates Van Chester Thompkins' conviction for a Jan. 10, 2000, murder in Southfield.

Detroit attorney Elizabeth Jacobs, who argued the case for Thompkins, 33, in front of the Supreme Court in March, said the ruling is "very disappointing." The court is "diminishing Miranda rights as we know them," Jacobs said.

Miranda rights are the rights of a suspect to remain silent. Police tell suspects about those rights in a statement called a Miranda warning that gets its name from a landmark Supreme Court ruling in 1966.

When police questioned Thompkins, he remained mostly silent for more than two hours, Jacobs said.

But he later answered "yes" when one of the officers asked him if he prayed for forgiveness for "shooting that boy down."

Justice Anthony Kennedy, writing for the majority, said Thompkins could have ended the questioning by telling the police he wanted to invoke his right to remain silent.

In a dissent, Justice Sonia Sotomayor said the decision "turns Miranda upside down." It's counterintuitive, she said, to require a suspect to speak in order to exercise the right to remain silent.

Jacobs said she expected the decision to be close but wasn't sure which way Kennedy -- the swing vote between the conservatives and liberals on the court -- would come down.

She said she had not yet spoken to Thompkins, who is serving a life sentence at Lakeland Correctional Facility in Coldwater.

pegan@detnews.com (313) 222-2069



DETROIT -- Arson is an old problem in Wayne County, and the situation is getting worse.With budgets tight and resources limited, arson cases often don't receive the attention they deserve in the prosecutor’s office, but there is a new effort to fight fire with funds.The Michigan Arson Prevention Committee is spearheading an initiative to raise money that will go toward hiring an assistant prosecutor and investigators who will focus on arson cases.“As far as I know, it’s very unique. It’s the first time ever that we have risen to the occasion,” said organizer Patricia Parr-Armelagos.With the number of unsolved cases climbing, the funding is a major boost for the Wayne County Prosecutor Kym Worthy's office. “We are really hurting, we are bursting at the seams. We can’t cover all our core services. Now with something like this, it’s like a double benefit for us,” said Worthy at a recent fund raising event.The organization is seeing donations pour in from both the private and public sectors. The prosecutor’s office could see an increase in staff as early as January next year. 

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By ANN ZANIEWSKI
Of The Oakland Press



HOUGHTON LAKE—The fire that engulfed the local summer hot spot, Ice Cream Oasis, is still under investigation.

Arson has not been ruled out at this time.

The Michigan State Fire Marshal is currently investigating the blaze to the Houghton Lake business and so far, “It’s suspicious,” Roscommon County Sheriff Randy Stevenson said.

“It’s under investigation, we’re waiting for the fire marshal to go through the debris and make a determination,” he said.

Firefighters were dispatched to the Houghton Lake business Saturday Oct. 17 around 6 p.m. to extinguish the fire. Upon arrival, Markey Township Fire Department Captain Nate Stearns said there was visible smoke coming from the back of the building. He said the fire had been completely extinguished three hours later.

Around 6 a.m. Sunday, firefighters were called back to the ice cream shop to extinguish another blaze. The cause of the second fire is unknown. Stearns said that it is always possible that the original fire rekindled, but has doubts in this case. Stevenson said the second fire originated from a different spot than the original.

“It wasn’t in the same place,” Stevenson said.

He said the incident became suspicious after the second fire. Due to the investigation, officials are not releasing the cause of the original fire.

Firefighters put the second fire out at 8:22 a.m. Stearns said.

The charred business is owned by William Spearman but was being run by his son.

There was no one in the building at the time of the fire and no injuries.

The Markey Township Fire Department, Denton Township Fire Department and Gerrish Township Fire Department were on scene.

Santiago Esparza / The Detroit News

Detroit -- A coalition of insurance companies has vowed to snuff out arson in Wayne County and pledged to pay for two investigators and an assistant prosecutor to attack the problem.

Half of all fires in the county and 10 percent in the state are labeled arson or suspicious, according to the Michigan Insurance Fraud Awareness Coalition. So the coalition plans to sink $1 million into a two-year pilot program that begins Jan. 1.

The initiative is believed to be one of the first of its kind in the nation, coalition spokeswoman Lori Conarton said. About $140,000 has been raised through donations for the program since September.

The announcement comes after there were 11 arsons reported Sunday in the city within 90 minutes on six streets on Detroit's east side and comes as Wayne County and Detroit remain at the center of the national foreclosure crisis. Wayne County Prosecutor Kym Worthy welcomes the help because the county does not have the resources to make fighting arson a higher priority, she said. "People can come into Wayne County and have a pretty good chance of getting away with it," Worthy said of arsonists during a press conference Tuesday announcing the program. "That is what we want to stop."

Brian Peppler, board president of the Michigan Association of Prosecuting Attorneys, said the private funding would have to be closely monitored to ensure it is being used properly, just like federal grants that are earmarked for specific purposes. He said clear boundaries would have to be established by Worthy.

"It is a sad day when we have private people come through and fund basic services that the government is supposed to provide," said Peppler, the Chippewa County prosecutor.

The coalition has pledges from insurance companies and businesses to cover the money, said Patricia Parr-Armelagos, a State Farm insurance agent.

While other anti-crime Michigan programs such as HEAT, which tries to reduce auto theft, and Crimestoppers, which seeks tips to solve crimes, rely on donations, none fund public positions. In the Wayne County insurance program, the investigators and assistant prosecutor would report to Worthy's office.

Arson cases soar

Stopping the arson will be no easy task.

There were 6,486 arsons investigated by the Detroit Fire Department's Arson Squad in 2008. That is a 27.8 percent increase over the squad's 5,074 cases in 2004, said Gery Victor, the squad's chief. In addition, arson-related insurance fraud in Detroit is up roughly 40 percent from 2005 to 2008, he said.

In 2008, the Detroit Fire Department said the city had about 18 arsons or suspicious fires daily. Detroit has the most arsons of any community in the county, the coalition said. Outside Detroit, suspicious property fires in Michigan jumped nearly 50 percent between 2006 and 2008, reaching 4,895, or more than 13 suspected arsons a day.

Of Michigan's 83 counties, 70 have seen arson rise, according to the state fire marshal's office. The insurance coalition said the economy has caused some to turn to arson to avoid foreclosure.

"This is something that is of concern to us and that we are taking very seriously," Detroit Police Chief Warren Evans said in a statement. "We will be stepping up uniform and plainclothes patrols and surveillance in that area."

There were about 101,000 vacant housing units in Detroit in 2008, more than double the number in 2000, according to the U.S. Census Bureau.

After the Sunday arson spike, officials said they are particularly concerned about Angels' and Halloween nights, which had high levels of arsons in the 1980s. City officials are already requesting patrol volunteers.

In 1984, fires on the day before Halloween, for years known as Devil's Night, peaked when 810 fires were set within a three-day period.

As the city has been plagued with foreclosures and an unemployment rate above 28 percent, fire officials have said that some despairing owners are risking prison to get out of debt, and vacant, foreclosed homes are being torched.

Many arsons are insurance scams that drive up the cost of premiums from $200 to $300 a year in Michigan, said Pete Kuhnmuench, executive director of the Insurance Institute of Michigan and a coalition member.

Some people burn down their property and lie about doing it to collect on insurance policies, which is a criminal act of fraud, coalition members said.

The crime costs policyholders in the state $3 billion a year in Michigan, he said.

"We all pay for insurance fraud," Kuhnmuench said. "It really is picking the pockets of our Michigan insurance holders."

Burned homes take toll

John George, founder of Motor City Blight Busters, said the real toll is the effect of living among burned out husks of houses, especially as it pertains to young people. "Quite frankly, allowing children to grow up in and around this kind of negative energy is child abuse," he said. "We are warping their sense of self-worth. We must come together and do a better job because we are failing our kids."

George's nonprofit has helped to tear down 300 such homes, rebuild 300 others and build 300 more in place of ones torn down.

For the arson squad in Detroit, a key component to solving arsons is getting patrols formed year-round, not just as Angels' Night nears, Victor said. "It is about the volunteers," Victor said. "We really need the citizens to be involved."

Worthy said five assistant prosecutors recently attended a training session conducted by the coalition about arson. Three of them have indicated they want the anti-arson position, she said.

"There is going to be a competition for this prestigious job," she said.

sesparza@detnews.com (313) 222-2127

Santiago Esparza / The Detroit News

Detroit -- With arson fires on the rise in the city, a group of insurance companies and businesses are looking to fund two investigators and an assistant Wayne County prosecutor to tackle the issue.

The Michigan Insurance Fraud Awareness Coalition says it will cost $1 million for the two-year initiative that is to begin Jan. 1. But at a press conference today, they were uncertain how close they are to their fund-raising goal.

There were 6,486 arson fires in 2008 investigated by the Detroit Fire Department's Arson Squad. That is a 27.8 percent increase over the squad's 5,074 cases in 2004, said Gery Victor, the squad's chief.

In addition, arson-related insurance fraud is up roughly 40 percent from 2005 to 2008, he said.

"It is about the volunteers," Victor said. "We really need the citizens to be involved."

People who know of an arson fire can call (800) 44-ARSON, a cash-for-tips hotline.

The announcement comes just days after there were 11 arson fires reported Sunday in the city within 90 minutes on six streets on Detroit's east side. And with Angels' Night just a few weeks away, it is not a coincidence, Wayne County Prosecutor Kym Worthy said.

"It is no mistake this was planned a few weeks before Angels' Night," Worthy said. "This is absolutely the perfect time to advance this initiative."

Getting the prosecutor's office, fire department and insurers involved is a key to eliminating arson-for-profit, Worthy said.

"Collaboration is always the key," she said.

Five of Worthy's assistant prosecutors participated in anti-arson training and are in a competition to be named to the new arson team.

"Three wanted it," she said. "There is going to be a competition for this prestigious job."

Detroit Police Chief Warren Evans has promised to step up patrols in the area where the weekend arson occurred.

"This is something that is of concern to us and that we are taking very seriously," Evans said in a statement. "We will be stepping up uniform and plainclothes patrols and surveillance in that area. We are asking citizens groups, businesses and residents to be on the lookout for anything suspicious.

"We particularly are interested in anyone who may be filling several containers at gas stations. We also are checking to see if anyone with prior arson convictions has been recently paroled."

There were more than 90,000 vacant housing units in Detroit in 2007, more than double the number in 2000, according to the U.S. Census. Fires on the day before Halloween, for years known as Devil's Night, peaked in 1984, when 810 fires were set within a three-day period.

Dennis Archer renamed Devil's Night with Angels' Night in 1995 as a way to honor the tens of thousands of volunteers who help to keep streets safe during the Halloween period.

Outside of Detroit, suspicious property fires in Michigan, including homes, businesses, cars and boats, rose nearly 50 percent between 2006 and 2008, reaching 4,895, or more than 13 suspected arsons per day. About a quarter of all Michigan fires occur in Detroit.

Many arson fires are insurance scams that drive up the cost of premiums from $200 to $300, said Pete Kuhnmuench, executive director of the Insurance Institute of Michigan. The crime costs policyholders in the state $3 billion, he said.

"We all pay for insurance fraud," he said.

sesparza@detnews.com (313) 222-2320

By TAMMY STABLES BATTAGLIA
FREE PRESS STAFF WRITER

Detroit Fire Department investigators are hoping for clues to catch those responsible for setting 11 fires in an east side neighborhood this weekend.

Between 10 p.m. Saturday and 7 a.m. Sunday, the Detroit Fire Department responded to 11 fires in vacant homes, Capt. Steve Varnas said. Ten of the fires were on three streets between Mack and Warren: Somerset, Nottingham and Beaconsfield, plus one blaze on Balfour, Varnas said.

Investigators found evidence that a flammable liquid was used to set the fires. The fire department along with the Detroit Police Department are increasing patrols in the area and canvassing the neighborhoods for tips.

Anyone with information can call the Michigan Arson Tipline at 1-800-44ARSON. A reward is available.