Arson-for-Profit Fails—Life in Prison Without Parole

Stupid and Vicious Attempt at Insurance Fraud Fails

I have reported often that arson-for-profit is the most dangerous, deadly, and stupid way to steal money from insurance companies, because there is always evidence left after the fire and people are killed and injured as a result of the set fire. When the criminals are stupid, do not understand fire and the explosive nature of the accelerants used, they will invariably find themselves in state or federal prison.

A perfect example of the incompetent arsonist, a jury convicted Mark Leonard of two counts of murder for which the trial court imposed consecutive life without parole sentences in Mark Leonard v. State Of Indiana, Supreme Court of Indiana, — N.E.3d —-, 2017 WL 1649843, No. 71S00-1509-LW-539 (May 2, 2017).

BACKGROUND

Late in the evening of November 10, 2012, a massive explosion that could be heard more than ten miles away awakened the neighborhood of Richmond Hill. Richmond Hill residents made their way outside to find homes in a “shredded” state, a state of complete “chaos”; and variously described what they saw: “smoke,” insulation falling like snow, “debris absolutely everywhere,” “total destruction,” a “war zone,” rubble “up to my knees,” people “running” and screaming, people “disoriented” and “dazed,” “devastation,” “raining ash” and cinder, a “blast zone.” Firefighters at a station nearby heard and felt the explosion, and even before emergency calls came in, they set out in the direction of a large plume of…debris and smoke. Approaching the neighborhood, these first responders observed several houses on fire. Nearly thirty homes were damaged severely enough that they had to be demolished. Others suffered extensive but repairable damage.

The home at the epicenter of these events was owned by Monserrate Shirley, a nine-year resident of Richmond Hill. Her boyfriend, Mark Leonard, also lived at the residence along with Shirley’s teenaged daughter and the family cat. No one was home at the time of the explosion. Ultimately authorities concluded natural gas was intentionally leaked into the Shirley home through a modification of the fireplace and that a delayed timing device was triggered, which caused an explosion equal in force to approximately three tons of TNT.

FACTS AND PROCEDURAL HISTORY

Initially both Leonard and Shirley denied any wrongdoing. Shirley later agreed to cooperate with authorities. According to Shirley, for several months Leonard had planned to destroy the house by fire in a scheme to collect insurance money. At Leonard’s urging, Shirley increased the amount of insurance coverage on the contents of the house from $160,000 to $300,000. Leonard then recruited a friend—Gary Thompson—to help set the fire.

In preparation for the arson-for-profit fire, Shirley arranged a hotel room for herself and Leonard at an out-of-town casino and arranged an overnight babysitter for Shirley’s daughter. She also boarded her cat at a kennel. As it turned out, the fire did not occur that night. Apparently, Thompson was not able to set it because he had gotten pulled over by a police officer and could not get into Shirley’s house.

Their plan having failed, Leonard told Shirley it “ha[d] to be done” and they were “going to do it again[.]” On the evening of November 1, 2012, Leonard’s brother, Bob Leonard, visited Shirley’s home. Leonard and Bob spoke and after Bob left, Leonard told Shirley that Bob was going to set a small fire so they could collect the insurance money and that they would pay Bob $10,000. Leonard and Thompson cut a piece of cardboard and used it to block the flue to the fireplace chimney so that gas coming from the fireplace would stay in the house. The plan was for a spark from the thermostat to ignite the gas from the fireplace.

On Friday, November 9, 2012—for the third weekend in row—Shirley again arranged for a room at the casino, a place for the cat at a kennel, and a babysitter for her daughter. The following evening Shirley and Leonard were seated at the bar inside the casino when she received a telephone call telling her something terrible had happened in her neighborhood and asking if she and her daughter were all right. Shirley then called a neighbor, who informed Shirley that her house had exploded and there was nothing left.

Shirley’s house was next door to the home of husband and wife Dion and Jennifer Longworth. Their home was also destroyed in the explosion. It was reduced from a two-story residence to a seven-foot pile of rubble. Despite the best efforts of firefighters and neighbors to rescue the couple, neither survived. Mrs. Longworth died an “almost sudden death” from what the medical examiner referred to as “blast injuries[.]” Mr. Longworth survived the initial blast but ended up trapped in the basement of his house. He was alert, relatively uninjured, and communicating with neighbors through a hole in the house at ground level. However, the house was on fire. Firefighters tried to pull Mr. Longworth out of the hole but the fire kept getting closer to where they were working to get him out. The heat became so intense that even wearing protective gear firefighters had to back away. Mr. Longworth sustained thermal injuries and charring over 90% of his body. His ultimate cause of death was inhalation of hot gases and soot, and carbon monoxide poisoning. Both Mr. and Mrs. Longworth had to be identified through their dental records.

Extensive discovery and pre-trial proceedings ensued. After several delays, including a change of venue from Marion County, the guilt phase of Leonard’s jury trial began June 4, 2015 and concluded July 14, 2015, generating a twenty-two-volume transcript and over eighteen hundred exhibits. Following the guilt phase of trial the jury found Leonard guilty as charged on all counts. Leonard had previously waived his right to trial by jury for the penalty phase of the trial. Therefore, the trial court conducted a hearing before the bench. It found the State proved each of the three charged aggravating factors beyond a reasonable doubt. The trial court also found the State proved “beyond a reasonable doubt” that the three aggravating circumstances “far outweigh the mitigating circumstances considered.”

DISCUSSION

There was sufficient evidence to support a murder conviction when the defendant started a fire in a house when it was occupied. Although Leonard’s victims were not in the same structure as the explosion and resulting fire, the record is clear the homes were in very close proximity—approximately ten feet apart.

Aggravating Circumstances

The State sought life without parole based on three aggravating circumstances. A sentence of life without parole is subject to the same statutory standards and requirements as the death penalty.

Constitutionality of Indiana’s Life Without Parole Statute

Leonard challenges as unconstitutional Indiana’s life without parole statutory sentencing scheme. According to Leonard this is so because the statute does not require the jury, or as in this case the trial court, to find that the aggravating circumstances outweigh the mitigating circumstances beyond a reasonable doubt.

The evidence in this case is sufficient to sustain the murder convictions; the State proved the aggravator beyond a reasonable doubt; and Indiana’s life without parole statute is not unconstitutional.

ZALMA OPINION

As readers of ZIFL are aware, there are many easy, non-dangerous ways to steal from an insurance company. Arson-for-profit is not one of those ways. Mr. Leonard and his girlfriend plotted to destroy their home but, because they were not knowledgeable, it took them three tries to start the fire and explosion, succeeding on the third try to destroy their house and a good part of their neighborhood and murdering their next-door neighbors in a most painful and disgusting manner. Life in prison without parole was a kind sentence.