Man who set fire near homeless pair guilty of assault
An Arlington man who set fire to a book next to two sleeping homeless men was convicted of two counts of assault with a dangerous weapon, but escaped a guilty verdict on arson and attempted murder charges following a one-day trial yesterday in Suffolk Superior Court.
In a jury-waived trial, Judge Peter Laurier found Matthew Cody, 31, not guilty of trying to kill two homeless men when he ignited a book in an alcove where the men were sleeping. Cody, who has been in custody since his arrest in June 2016, faces sentencing today at 10 a.m.
His attorney, Andrew Stockwell-Alpert called the verdict “fair.”
“I think it was a very wise and appropriate verdict from a judge who wants to make sure this guy doesn’t get away scot-free for something that could have been really disastrous,” the defense lawyer told reporters.
Although most of the facts of the crime were not in dispute, Stockwell-Alpert argued during his opening statement it is “impossible” for his client’s conduct to meet the legal definition of the charges because Cody’s intent could not be established.
Assistant District Attorney David McGowan argued Cody’s act was not an accident or a “joke gone horribly wrong,” noting that surveillance video shows the defendant returned for a second try at lighting the fire when the first flame burned out.
Jake Wark, a spokesman for Suffolk District Attorney Daniel F. Conley, said prosecutors felt the evidence was strong enough to convict on all charges.
Surveillance video showed Cody on West Street in Boston walking past an alcove where two homeless men were sleeping on Oct. 8, 2015, at about 11 p.m, shortly after he had left his job at the Back Deck restaurant near Downtown Crossing, and setting the fire.
“The video footage, in particular, appears to show a determined effort to start a fire next to two sleeping homeless men,” Wark said. “The two felony convictions for assault with a dangerous weapon offer some measure of accountability, however, and we hope the victims can take some satisfaction from them.
“No one deserves to be put in such danger,” Wark added, “and the unprovoked conduct here was particularly egregious given the vulnerable nature of the two homeless victims.”
Neither of the homeless men was seriously injured in the incident. The Boston Fire Department estimated the cost of damage at about $18,000, prosecutors said.