(File photo/paNOW Staff)

By Nigel Maxwell

Arson

Man takes responsibility for setting house on fire after finding spouse with two strange men: court

Jun 23, 2022 | 1:00 PM

A man who set his house on fire after finding his spouse in the company of two men has received a 15-month jail sentence.

Scott Bird, 55, has been in custody since the incident last Fall on the Montreal Lake Cree Nation and appeared in person Thursday morning at Prince Albert Provincial Court.

He entered a guilty plea to recklessly causing property damage by fire or explosion, which falls under sect. 433 of the Criminal Code.

He had been previously charged with uttering threats and attempted murder but they were withdrawn by the Crown.

According to the statement of facts read in court by Crown Prosecutor Keith Amyotte, Bird was heavily intoxicated when he returned home in the early morning hours of Aug. 2nd, 2021.

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“There was a confrontation that ended with Mr. Bird setting his own house on fire and walking away from it,” Amyotte explained.

The local fire department was called and extinguished the fire. Fortunately, Bird’s spouse and the two men made it out safe with no injuries. Amyotte said damage to the home was estimated to be in excess of $10,000, but confirmed he had heard there were plans by the band to renovate it.

“It’s one of the cases where the band will get around to it, if and when it has the time,” Amyotte said

The case was originally scheduled for a preliminary hearing on Thursday.

Citing significant back and forth discussions between the Crown and Defence, Amyotte explained had the case gone to trial, there would have been significant charter issues and challenges, not the least which being the fact the witnesses were being very uncooperative and all four people involved were intoxicated at the time and so there was a lack of consistent evidence.

Bird’s sentence ultimately works out to time served, as he has received remand credit for a total of 486 days. Following his release, he will be on probation for one year which includes addictions counselling and 80 hours of community service. Amyotte said he had not received any figure from the band with respect to reparations, so this was the next best option.

Statement from Defense

Patrick McDougall explained Bird’s plans upon release are to seek treatment in Saskatoon, and that his family has made it clear they don’t want him coming back to the reserve until he has addressed his addictions issues.

“At 55 years old, it’s time for him to turn his life around,” he said.

McDougall stressed to Judge Healey that his client has had a year to think about the consequences of his actions and knows he has to get sober or risk having no relationship with his young daughter.

“She needs her dad in her life, especially a sober dad,” he said.

When given the opportunity to speak, Bird explained he was going through a very tough time personally at the time of the fire, including not being allowed to see his daughter for a year.

“I didn’t know how to deal with it,” he said.

Bird also confirmed he knows he has a drinking issue and has to stay on a sober path.

Remarks from Judge

Prior to agreeing to the joint submission, Judge Healey informed Bird he was very lucky that no one was hurt and that he would be facing a much longer sentence had there been. Healey also acknowledged Bird’s record was almost 95 per cent related to alcohol.

“If it wasn’t for alcohol, there’s a very good chance you wouldn’t have any record,” he said.

Healey then went on to encourage Bird to follow through with treatment, adding there are many people who appear in court, make promises and don’t follow through.

“Everyone here wants to see you do well,” he said.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell