Arson suspect admits to lesser charge
Rather than go to trial on allegation he torched his brother’s shed on Bilijk First Nation, Brett Edward Francis, 42, pleaded guilty to property damage instead
A Moncton man scheduled to stand trial Wednesday on a charge of burning down his brother’s shed admitted to a lesser, included offence instead, averting the trial.
Brett Edward Francis, 42, of High Street in Moncton but formerly of Fredericton, appeared in Fredericton provincial court in custody for his trial on a charge of arson.
He pleaded not guilty last month to an indictable charge alleging he intentionally or recklessly caused damage by fire to a shed belonging to his brother, Ryan Francis, at his Apartment Avenue home on the Bilijk (Kingsclear) First Nation, near Fredericton.
However, prosecutor Rebecca Butler and defence lawyer Doug Smith told provincial court Judge Scott Brittain on Wednesday the two sides had reached a resolution.
Brett Francis maintained his not-guilty plea on the arson charge but pleaded guilty to the lesser, included charge of mischief causing damage.
Butler said emergency personnel were dispatched to Ryan Francis’ home in the First Nation community on Dec. 8 after receiving a report of a structure fire.
The prosecutor said the police investigation revealed Brett Francis had been staying at his brother’s home when he was kicked out.
Outside the home, court heard, the defendant started a fire in front of the shed. A witness saw this and asked him what he was doing, Butler said.
“He told her he was cold and he lit a fire,” she said.
The shed burnt down, the prosecutor said, and when police arrived, Brett Francis started walking away even after a Mountie told him he was under arrest.
That accounted for a charge of resisting arrest, to which Francis had pleaded guilty previously.
He was released on conditions, Butler said, but he violated that release order when he failed to attend court Feb. 1.
Francis was subsequently arrested and remanded.
The offender accepted the facts as conveyed by the prosecutor, and Brittain accepted his plea on the property-damage offence.
The judge ordered the preparation of a victim-impact statement and set over the sentencing hearing to May 10. He remanded Francis again until that time.
You can contact Don MacPherson at ftonindependent@gmail.com.