S.C. Wack - 30-7-2017 at 09:07
From what I gather this fire damage was mostly from the sprinklers, and there was much more concern about possessing items such as sulfur, camping
fuel, and beakers which produced explosives charges that were unsuccessful, there were the usual declarations from experts that it was a bomb factory,
and also a failed attempt to add some internet conspiracy. There's the obligatory post arrest joke to coworker of a bomb at his new apartment out of
town, the call to the police and marijuana found instead. Ads (for sure) and perhaps more details in several articles over the past year may be found
at hutchnews. The AP story:
HUTCHINSON, Kan. (AP) — A judge has sentenced a Hutchinson college student to five years [and 5 months] in prison for starting a fire while
conducting chemical experiments in his apartment.
The Hutchinson News says District Judge Trish Rose sentenced 23-year-old Chase Coble, a Hutchinson Community College chemistry student, who was
convicted last month of aggravated arson.
Coble contends that he was conducting experiments in his 12th-floor apartment, creating chemical heat to meld metal to plastic. He says there was
nothing nefarious about what it. The flash fire set off sprinklers and alarms, which alerted authorities.
Reno County District Attorney Keith Schroeder says Coble had done at least 50 experiments in the apartment, with ingredients including chlorine gas.
He says Coble also removed a window and threw items in the alley below in an apparent attempt to hide them.
JJay - 30-7-2017 at 09:24
Is he a SM member?
ficolas - 30-7-2017 at 10:43
Since when a fire started by an accident in an experiment can be considered agravated arson? As far as i'm concerned, for it to be arson the person
needs to deliberately start the fire.
Fulmen - 30-7-2017 at 10:53
Malicious will do. At some point you show so little interest for other peoples safety (intentional or not) that intentions become irrelevant. Not
saying this is true for this case, but some deeds cannot be forgiven. At some point you become such a hazard to your environment that you need to be
locked away.
gdflp - 30-7-2017 at 11:01
I think that more details are needed to assess this situation. While this could certainly be another case of overblown chemophobia, the story
mentions that he was experimenting in his 12+ story apartment building.
Especially considering he was running experiments with Cl<sub>2</sub>, he could quite conceivably have been running experiments which were
inappropriate and, quite frankly, too dangerous for that setting. The scope of experimentation that can safely be performed in a suburban/rural
setting with appropriate precautions is vastly different than that which can be done in an urban setting. I certainly wouldn't want an unknown person
carelessly experimenting with large quantities of chlorine or a host of other compounds in the apartment next door.
JJay - 30-7-2017 at 11:21
I'm not seeing how his intent was malicious; from the information I am seeing, his intent was reckless at worst. Recklessly starting a dangerous fire
is a crime but is certainly not as severe as aggravated arson in Kansas unless controlled substances are involved.
[Edited on 30-7-2017 by JJay]
dactyl - 4-8-2017 at 00:41
Actually it may be a little simpler:
Section 21-5812 Arson; aggravated arson.
"Arson; aggravated arson. (a) Arson is:
(1) Knowingly, by means of fire or explosive damaging any building or property which:
(A) Is a dwelling in which another person has any interest without the consent of such other person;"....
(b) Aggravated arson is arson, as defined in subsection (a):
(1) Committed upon a building or property in which there is a human being; or"
Malice, malicious are irrelevant.
Perhaps intent (except criminal intent and other generalized intent defined in the law) is irrelevant.
Simply put, if you have a fire or explosive and you know that the fire or explosive damages something, crime is complete.
Here's a supposed affidavit:http://media.graytvinc.com/documents/Coble+affidavit+.pdf
JJay - 4-8-2017 at 11:03
"Knowingly" is a type of intent. If they can't prove that the damage was made knowingly, they don't have the elements of arson. Was he reckless?
Certainly. But recklessly setting a fire isn't arson.
JJay - 4-8-2017 at 11:23
Here's an overview on intent. It definitely matters, and this case will be easily overturned on appeal: http://criminal.findlaw.com/criminal-law-basics/mens-rea-a-d...