Man gets 20 years in arson that killed 2 firefighters

CRIME & THE COURTS

A Lucas County Common Pleas Court judge has ordered that a man convicted of setting a fire that killed two Toledo firefighters spend a maximum of 20 years in prison.

The defendant’s plea, conviction, and sentencing came on Thursday just after Judge Stacy Cook declared a mistrial in the case because jurors heard testimony that was considered incriminating toward the suspect.

Ray Abou-Arab, 64, agreed to enter Alford pleas to two counts of involuntary manslaughter and two counts of aggravated arson for setting fire to a Magnolia Street apartment building he owned Jan. 26, 2014. Toledo Fire Pvts. Stephen Machcinski, 42, and James Dickman, 31, died fighting the blaze. The charges carried a maximum penalty of 44 years, but under the plea agreement he was sentenced to 20 years in prison. He will need to register annually as an arson offender. Other counts against Abou-Arab were dismissed and he was given credit for 1,196 days spent in jail.

An Alford plea is considered a guilty plea in court, although the defendant does not admit guilt.

Throughout Thursday morning, family members of the two firefighters spoke about the loss of their loved ones. Multiple sobs could be heard throughout the testimony.

Judge Cook tearfully read her own statement and described Abou-Arab as calm, calculated, and selfabsorbed. She added the fact that he started the fire during the day — possibly believing it was less likely anyone would be harmed — was the only glimpse of him potentially thinking of others.

“Maybe I give you too much credit for being human,” she said.

Abou-Arab originally was indicted on aggravated murder charges that included death-penalty specifications, but prosecutors dropped the specifications in March and proceeded to trial April 24 on two counts each of aggravated murder and murder, eight counts of aggravated arson, and a single count of tampering with evidence.

Still, Abou-Arab could have faced life in prison without parole if convicted on the most serious charge of aggravated murder.The plea agreement came after the court recessed midafternoon Wednesday when the state’s 39th witness, Toledo Police Sgt. Keefe Snyder, testified that he knew Abou-Arab had “failed a polygraph” examination.

Information about polygraphs – commonly known as lie detectors – generally is not admissible in court. Though many consider polygraphs unreliable, when jurors hear that a defendant failed one, they could take that as an admission of guilt.