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Accused arsonist alters plea

by Alan Lewis Gerstenecker
| October 2, 2012 12:19 PM

The 23-year-old man who is charged with arson in the fire that burned the McGrade Center has had both a change of heart and a change of plea.

Marcus Wayne Light, Jr., 23, was in Judge James B. Wheelis’ 19th Judicial District Court on Monday afternoon, seeking to change his previously entered not-guilty plea in the July 8 fire at the McGrade Center office building that severely damaged two state offices of the Department of Child Services.

Light’s change comes on the heels of a plea agreement offer in which — for a guilty plea on the felonious arson charge — he will pay at least the insurance deductible of $1,000 on the policy written for Libby School District 4, which owns the former elementary school, and the personal effects loss of the two persons who worked in those burned offices.

According to Libby Schools Superintendent K.W. Maki, repairs to the building are nearly complete and thus far total about $73,000.

“There are still some cupboards and other things to put in place. It will be more than the $73,000, but I don’t see it going over $80,000,” Maki said.

According to the plea agreement, on which Joseph Cik, representing the county, and Light’s attorney Noel K. Larrivee agreed, Light will receive an eight-year sentence of which five years will be suspended if he successfully completes “Boot Camp.”    

“The first order of business is (for Light) to pay the school’s deductible,” Larivee said.

Whether Light will pay any more toward the cost of the fire, remains to be worked out, Cik said.

“He is remorseful. He’s looking to getting back to society,” Larrivee said.

Light answered Wheelis’ inquiries with “Yes, your honor,” and “I understand,” with poise and comprehension.

On Monday, with the plea agreement, Light was to be released on his own recognizance, with stipulations to which he must adhere before his Oct. 29 sentencing.

Light must:

• Advise his counsel regularly of his whereabouts, and he may not leave Montana;

• Must personally be present at all subsequent hearings and court proceedings;

• Conduct himself in a lawful manner; also, an arrest for any criminal offense shall constitute a violation of the terms of release and may result in a revocation of his release.

“The state does not have a problem with (Light) being released on his own recognizance until sentencing,” Cik said. 

Light has no prior arrests.

In accepting the plea agreement, Wheelis questioned Light’s understanding that he was pleading guilty to arson, a felony, and Light acknowledged an understanding of the charge.

Wheelis also reassured Light that if he so chose, he could withdraw the plea agreement but risk a maximum penalty of 20 years in prison and fines of up to $50,000, again to which Light said he understood.

In accepting the plea, Light told Wheelis he understood the prosecution no longer had to prove its case of arson against him.

And then there were the questions to make sure Light made the plea decision with a clear head, as Wheelis questioned him about mental dysfunction, and whether he was influenced by alcohol or drugs, to which Light admitted he was not.

Light’s attorney, Larrivee, said the assignment to Boot Camp is a good move for his client, who said it’s a chance for his client “to move forward and be more productive in society” than he might be if he were sent to prison.