Crown attorney stays arson charge involving Pride flag
A Charlottetown man charged with arson for allegedly lighting a Pride flag on fire has avoided a criminal conviction on that matter.
Dylan Edward Phillips, 24, appeared in provincial court in Charlottetown on Nov. 10 facing a total of three arson charges for incidents in the early morning hours of July 19.
However, through his legal-aid lawyer, Justin Milne, Phillips instead pleaded guilty to a lesser offence of property damage for one charge. Crown attorney Chris White then elected not to proceed on two other arson charges that involved adjacent residences on Sydney Street. One of the arson charges involved damage to the siding of a residence after a Pride flag was set on fire. White entered a stay of proceedings on both Sydney Street allegations.
UNIVERSITY AVENUE FIRE INCIDENT
With one guilty plea in place, White read in court an agreed statement of facts for the remaining incident. On July 19, two men told Charlottetown police that they saw another man who was wearing black clothing – later identified as Phillips – light a Mcdonald's cup on fire and place it on top of an electrical box at 263 University Ave. Phillips then fled the scene by running north on University Avenue. The fire inspector noted that there was a faint odour of gasoline coming from inside the cup. Phillips was seen on e-watch video footage committing the offence. The two witnesses were also seen on video putting out the small fire. Charlottetown released video footage seeking the public's assistance in identifying the arson suspect. On July 22, Phillips surrendered himself to police and was arrested. He told officers that he couldn't remember if he started the fires, said White.
According to information previously released by Charlottetown Police Services, the Sydney Street incident occurred just before 1:30 a.m. and the University Avenue incident was just before 3 a.m.
Phillips did not have a prior criminal record.
Milne said that Phillips had a difficult upbringing and has been dealing with addictions issues since he was 12 years old. Since the University Avenue offence, Phillips has completed a 21-day addictions transition program. More recently, Phillips has become a resident at Talbot House, a men's alcohol and drug treatment facility in Charlottetown, said Milne.
90-DAY WEEKEND SENTENCE
Chief Judge Jeff Lantz accepted a joint recommendation from White and Milne and sentenced Phillips to 90 days in jail and two years of probation for mischief in relation to the University Avenue incident. Phillips is allowed to serve the sentence on weekends so he can keep his bed at Talbot House.
Phillips spent four days in pre-sentence custody from his arrest on July 22 to his release on July 26. Lantz gave Phillips enhanced credit of 1.5 days for each day in custody (or six days credit) that was deducted from the 90-day jail sentence.
The resident at the Sydney Street property with the Pride flag declined an interview request.
White did not provide an explanation in court as to why the Crown decided not to proceed on the two arson charges on Sydney Street. On Nov. 16, Saltwire Network contacted White to ask why the Crown stayed the arson charge specifically involving the Pride flag.
"We don't generally communicate reasons for stays of proceedings beyond that there was no reasonable prospect of conviction," he said.