Fleming arson: Two years for Yates
October 3, 2012, 3:59 am
Kevin Weedmark
The mayor of Fleming says he's satisfied justice has been done with the sentencing of Joey Michael Yates to two years less a day for his role in the arson that destroyed Fleming's historic grain elevator.
Following his time in custody, Yates will serve 18 months probation.
He has also been ordered to pay $30,000 in restitution to the community of Fleming.
Yates, who is from Oak Lake, had pleaded guilty to setting fire the historic Lake of the Woods elevator in Fleming.
The elevator, which was built in 1895, was oldest elevator in Canada still on its original site and the people of Fleming had high hopes of turning the historic site into a tourist attraction.
The elevator was burned to the ground Feb. 9, 2010, before it could be opened as a tourist attraction following extensive fundraising and renovations.
Yates had admitted in court that he poured gasoline on the elevator, but csaid someone else lit the match that started the fire.
Yates was taken from the court in custody after hearing his sentence Tuesday.
His lawyer requested that he be released pending his appeal, but the judge refused the request.
Fleming Mayor Phil Hamm said he feels the sentence is fair.
"I thought he looked contrite and remorseful in court, and you have to feel sorry in a way for a young man who got himself into that kind of trouble, but there has to be a penalty," Hamm said.
"I thought it was a fair sentence, anything above that would have had to be served in a penitentiary, and I can understand why the judge didn't think that would be right. The prosecutor had asked for two years less a day, and that's what he got.
"I thought it was a serious crime and it needed a serious response."
The judge also ordered that, once he is released, Yates must travel to Fleming to face the community, and apologize, if the community wants that.
The judge said in her ruling that the arson was a serious personal injury offence, because once Yates started the fire, it was beyond his control to affect and it created a danger to people nearby.
Hamm says the ruling hasn't given him a sense of closure, but "perhaps the end of the beginning.
We still have two more guys to go, and there's always the possibility of civil action too. It's a very good first step, finally.
Another accused in the case, Charles Dron, is scheduled to appear in provincial court in Moosomin May 1.