Belfast man to serve 90 days as a result of 2014 store fire
BELFAST — A Belfast man has been sentenced to three years in prison with all but 90 days suspended for his involvement in the July 2014 fire that destroyed Goose River Grocery, a longstanding local store.
Kyle J. Skinner, 37, had three of four charges dismissed as part of a plea deal. Skinner entered an Alford plea to aggravated criminal mischief for the July 15, 2014 fire.
An Alford guilty plea, also known as a “best interests plea,” means that Skinner did not enter a typical ‘guilty’ or ‘innocent’ plea, instead he chose to forego the criminal process by accepting all the potential consequences of a guilty verdict. The plea is typically only an option with the permission of the court, according to Cornell Law School.
Skinner had been charged with theft by insurance deception, arson,criminal attempt and aggravated criminal mischief as a result of the incident.
He stood accused of “intentionally, knowingly, or recklessly” damaging or destroying Goose River Grocery, according to court documents.
The state had listed 17 people to be called as witnesses in the case, including members of the Maine Fire Marshal's Office and the Maine Computer Crimes Task Force, among others.
According to a report from Belfast Police Detective Bryan Cunningham, Waldo County Dispatch was contacted by a security agency employee to report that a burglar alarm had been tripped at Goose River Grocery. The store was on fire when Belfast Police Officer Brad Hanson reached the scene.
An investigator from the Fire Marshal’s Office investigated the scene July 16, ultimately requesting Cunningham to meet and discuss his findings. The investigator reportedly told Cunningham that the fire had originated in two, and possibly three separate, unconnected areas.
During the course of Detective Cunningham’s investigation, it was discovered that Skinner had spoken with Belfast’s City Planner a couple months prior to the fire to discuss the possibilities of remodeling or rebuilding the store, which he did not in fact own at the time. The report notes that Skinner had a ‘purchase and sale’ agreement with the owner, but the closing had yet to take place.
The fire investigator and Cunningham met with Skinner and his attorney Aug. 1, 2014, where Skinner was informed the fire was considered to be arson. It was during this meeting that Skinner revealed he had obtained an insurance policy on the store, according to the report.
During an interview with the owner of the store, Cunningham learned that Skinner had first approached her about buying the store in March 2014, at which point she warned him, “there wasn’t a lot of money to be made.” The owner stated Skinner felt he could “turn it around,” according to the affidavit. The sale agreement was signed in March, after Skinner paid the owner $18,000 cash towards the purchase of the store. He began running the store April 1, with the closing date listed as April 14, 2014. The closing had yet to happen at the time of the fire though, as Skinner had reportedly run into difficulty obtaining financing.
The owner also stated she had visited the store several days prior to the fire and noticed the items stocked by the store had “diminished drastically.” The owner had maintained her insurance policy on the property until ownership was transferred, though she was unaware Skinner had also taken out a policy on the business.
A clause in Skinner’s policy stated that in the event of a loss from fire or other casualty, the buyer could purchase the title to the property and receive all insurance benefits, or rescind the agreement, according to the affidavit.
The insurer of Goose River Grocery elected to conduct an independent investigation into the fire, retaining the services of NEFCO (formerly known as New England Fire Cause & Origin) shortly after the fire broke out. Investigator Darrell Webb was appointed to conduct the investigation, according to court documents.
Webb examined and photographed the scene July 17, 2014. After studying the burn patterns he was able to conclude there were two separate locations at which :the fire independently originated, according to Webb’s report.
One of the fires started in the area under a pizza oven, while the other started on the hardwood floor in front of a door leading to a rear storage room of the store. Webb noted that the burn patterns showed there was no ignition source (such as wiring, or an electrical outlet) located near the hardwood ignition site. Samples of the floor were sent to an analytical forensic testing laboratory specializing in fire debris analysis for further examination.
A report from the testing laboratory was received July 22, and indicated the presence of “heavy petroleum distillate” in both samples submitted by Webb.
Common examples of heavy petroleum distillate include, “some charcoal starters and lamp oils, some paint and stain thinners, kerosene, and diesel fuel, among others,” according to a report from the laboratory director.
The owner of Goose River Grocery, in addition to another employee were interviewed, and stated they had double-checked to ensure everything was turned off as they closed the store for the night. When the other employee left the store at 8:20 p.m., Kyle Skinner remained. He called the owner of the store around 9 p.m. to report the fire, also asking her if she had turned everything off, according to the report.
Webb concludes his report by saying that the fire was not accidental, but instead was intentionally set. Citing the observable evidence, including two non-connected locations where the fire originated, in addition to the laboratory results as support. The report further asserts that Kyle Skinner had the opportunity to start the fires due to his access to the building and being alone at the building for a period of time before the fires began.
Following his 90 days behind bars, Skinner will serve two years of probation.
Erica Thoms can be reached at news@penbaypilot.com
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