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The London man convicted of torching a popular Wortley Village café will be free from custody in fewer than six months after time he’s already served behind bars was factored into the sentence handed down in court Monday.
Sean Moyles, 21, was sentenced to 26 months in prison, minus time served, plus three years’ probation by Ontario Court Justice Stephen Darroch in connection with an overnight fire on April 16, 2023, that destroyed the Black Walnut Bakery Cafe at 134 Wortley Rd., causing $2.7 million in losses. No one was injured in the fire.
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A second charge of arson with disregard for life was withdrawn after a psychiatric report on Moyles, who has a history of substance abuse and mental health illnesses, showed he had no recollection of starting the fire. He didn’t know either that the building’s second storey was used as an apartment, making it difficult to prove there was intent to harm someone, court heard.
According to an agreed statement of facts read out in court, Moyles was seen in surveillance video walking to the back of the business on April 16 shortly after 1 a.m. and setting fire to some debris near the back wall of the café. He ensured the fire continued to burn before leaving the property and before the structure itself caught fire.
Moyles, who was homeless at the time, has been in custody since his arrest a day after the fire, giving him an equivalent total of pre-sentence time served of 20 months and six days, court heard.
More than 40 firefighters battled the blaze at the building, originally built in 1878 as a general store and which had a heritage designation. After six hours of dousing the building with water, it was ruled to be not sound structurally and demolished as a crowd of nearby residents watched.
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Moyles’s lawyer, Robert Farrington, was seeking a sentence of time served in custody plus three years of probation. He said the court should consider his client’s guilty plea, his demonstrations of remorse, and the fact he has sought treatment to address his substance abuse problems.
Assistant Crown attorney Adam Campbell, however, disagreed with the proposal, noting a forensic report also showed Moyles was “a serious risk to re-offend” and already had been convicted for arson within the past five years. He sought a sentence of three years plus probation.
Darroch, the judge, settled for prison time somewhere in between.
“A long-standing business was lost. Historical property built in the late 1800s was also lost. The business owners are devastated, and the community has lost a landmark and part of its history,” Darroch said when delivering his sentence.
“To impose a sentence below two years in light of the record, the impact on the victims and the ongoing risk to the community would potentially undermine, and quite likely undermine, the repute of the administration of justice.”
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But Darroch also commented on Moyles’ troubled past, his relatively young age and his potential for rehabilitation as factors in his decision.
Moyles, wearing a black Nike sweater, seemed fidgety at times, regularly biting his nails and moving constantly in his seat. But when he heard his time in jail would end in 174 days, he yelled out to the judge: “Thank you.”
Reading from a letter, Moyles expressed his remorse for the damage he caused to the owners of the business and the community, saying he was working “to make this my last time ever in court or jail.”
“April 16 changed my life. I wish that day never happened,” he said. “Not a day goes by that I don’t think about that day. I wish I could fix the (Black Walnut) with my own hands because I would work day and night with no sleep until it’s fixed.”
Moyles’s mother, Andrea Moore, said she hoped this experience will be a turning point in the life of her son.
“I really hope he will learn from this,” she said.
Included in his probation conditions, Moyles was ordered to stay at least 300 metres from the intersection of Wortley Road and Craig Street, where the Black Walnut was located; take counselling or treatment as directed by his probation officer; and is prohibited from possessing any weapons or lighters or other “incendiary devices,” among other conditions.
Black Walnut owners Mandy and Ed Etheridge declined to comment on the sentence but said they continue to work to rebuild the Wortley location as soon as possible.
jjuha@postmedia.com
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