'I'm very sorry,' says man who lit fire at Korah Road business

Homeless and freezing on a cold winter night in Sault Ste. Marie, Scott Erdman decided to light a fire to keep warm.

He ignited it on top of a shipping container near a Korah Road business, and the fire soon was out of control. 

It spread to nearby insulation and house wrap stacked on palettes at the Home Siding Shop, causing $14,365 in damages.

Erdman lit the fire shortly before midnight on Feb. 12, and at 12:15 a.m. firefighters contacted city police about the active fire, Ontario Court Justice Romuald Kwolek  heard Wednesday.

There was a security camera on site that showed a man at the container, what he was wearing, and what direction he was headed when he left the scene.

One of the officers recognized Erdman, prosecutor Robert Skeggs said, and he was arrested two days later, on Valentine's Day.

The 50-year-old accused pleaded guilty to arson, as well as an unrelated charge of theft for stealing a $66 bottle of Finlandia vodka from a west-end liquor store on Jan. 29.

His lawyer Eric McCooeye told the court there were triable issues regarding identification from the video and his client's plea of guilt is "definitely one of remorse."

Erdman's actions didn't stem from greed, revenge or mental illness, such as pyromania, the defence said.

It was a "motiveless fire" and involved no planning.

At the time, Erdman was homeless, and because he was freezing he set a warming fire that got out of control.

"He was reckless" but didn't want this to happen, McCooeye said. "That is the extent of his blameworthiness."

The defence called for a sentence of time served (the equivalent of 171 days with the enhanced credit for his pre-sentence custody) for the arson offence.

McCooeye asked the judge to impose a 90-day conditional sentence, which would be served in the community, for the theft, and would allow Erdman to work.

Skeggs argued a 12-month sentence, followed by two years probation, is appropriate.

"This is a case of needless destruction of property by fire," that caused more than "$14,000 damage to a local business in the middle of the night," the assistant Crown attorney said. "Three fire trucks had to deal with it."

Erdman told the court: "I'm very sorry for what I've done."

When he imposed sentence, Kwolek said it was fortunate that the fire hadn't spread further.

Arson is a serious offence and requires a period of incarceration, the judge said.

"Someone could have been injured, including the firefighters."

He noted Erdman has a lengthy criminal record, but no history of lighting fires.

Kwolek sentenced him to 171 days (his pre-sentence custody) for the arson.

"If I'm going to give you a break on the sentence, I'm going to impose the maximum probation of three years," he told the accused.

Erdman will serve a 90-day intermittent sentence (on weekends) at the Algoma Treatment and Remand Centre for the theft of the alcohol.

Calling this restorative justice, Kwolek said it will allow him to work and will enable him to pay a $300 victim surcharge.

The judge also imposed a restitution order, requiring Erdman to pay $2,000 to the business owner.

"I think that's something you can pay," Kwolek told him. "If you're truly sorry it's never too late to turn your life around."

During his three-year probation, Erdman can't go to the Korah Road business or the Second Line West LCBO, and must take any recommended counselling.

Erdman must also provide a DNA sample and can't possess weapons for 10 years.