Outhouse arsonist strikes Libby

Libby volunteer firefighters responded to three cases of arson during the past week involving fires set in public outhouses in two parts of the city.

The first fire was reported just after noon on Friday, March 13, at an outhouse along a walking path behind the old Stimson mill. Libby Volunteer Fire Department Assistant Chief Steve Lauer said the fire had gone unnoticed for some time.

“By the time it was reported and we responded, it had burned all the way down to the skids,” he said.

The second fire was reported Saturday, March 14, at approximately 3:10 p.m. near a walking path at the entrance of J. Neils Park.

The third fire was set yesterday, also in J. Neils Park, but further into the park, in the back near the soccer fields.

“These fires have the appearance of vandalism,” Lauer said. “But we can’t say why or who is responsible just yet. It might be kids, but it might not be kids.”

Lauer said the suspect or suspects are using a hand-held ignition device, like a lighter, to light the toilet paper rolls inside the outhouses. From there, the fire is building up to the point at which it destroys the structure.

No physical evidence of the ignition device has been found at any of the scenes, Lauer said, which leads him to believe it’s a hand-held lighter and the culprit is removing it from the scene after igniting the toilet paper.

Amy Johnson of JMF Services, who owns the outhouses, said each one costs about $1,000 to replace.

Montana law requires the property destroyed by fire to exceed $1,500 in value in order for the crime to be considered arson.

“A person commits the offense of arson when, by means of fire or explosives, the person knowingly or purposely: (a) damages or destroys a structure vehicle, personal property (other than a vehicle) that exceeds $1,500 in value, crop, pasture, forest or other real property that is property of another without consent;” according to Montana Code Annotated 45-6-103.

The law does, however, provide that if the fire causes another person to be in danger of death of bodily injury, an arson charge could apply. The penalty for arson is a prison sentence of up to 20 years or a fine of up to $50,000.

Another possible charge that could result is criminal mischief. Montana Code Annotated 45-6-101 reads, “A person commits the offense of criminal mischief if the person knowingly or purposely: injures, damages or destroys any property of another or public property without consent.”

The law also allows for criminal mischief offenses to be grouped together in what is known as a common scheme. Crimes committed in a common scheme complaint can be aggregated in determining pecuniary loss. As the aggregate damage now exceeds $1,500 for the three fires, the crimes could now be considered felony arson under the law.

The cases are now being investigated by the Lincoln County Sheriff’s Office and anyone with information is asked to report it immediately.