Brian Francione — a former Ansonia volunteer firefighter — will spend 10 years in prison for first-degree arson.
But some family members and friends — who packed a Milford courtroom Friday in support of Francione — said they still aren’t convinced that two years ago he set fire to a stranger’s house in order to gain firefighting experience as a volunteer.
That’s what state prosecutors said happened, and what a jury convicted 20-year-old Francione of this June.
“I absolutely believe my brother is innocent,” said Melissa Francione during the hour-long sentencing at Superior Court in Milford. “We all know he would never do something like this.”
Arson
In April 2008, Francione set fire to the garage attached to Pat DiCantio’s Martin Terrace home, according to Senior Assistant States Attorney Charles Stango.
There hadn’t been a lot of structure fires in Ansonia, and as a newly certified volunteer, “he was itching to get a fire under his belt,” Stango said Friday.
DiCantio was asleep inside the home at the time the fire was set, and thought someone was trying to kill him, Stango said.
DiCantio, who wasn’t present Friday, said in a court statement that he now fears for his life and “I awake at the slightest sound.”
“Fire kills,” Stango said. “Anytime a residence is set ablaze … people’s lives are at risk.”
Stango asked Judge William Holden to sentence Francione to 20 years, suspended after 12 years served, with five years of probation.
“There’s no rational explanation for Mr. Francione’s actions in this case,” Stango said.
Francione faced up to 25 years in jail for the arson charge, which is a Class A felony.
His attorney, Norm Pattis, argued for only five years prison.
The Trial
Francione was offered plea deals, but decided to keep his not guilty plea and go to trial.
Throughout he maintained his innocence, telling friends he had “faith in the system.”
During the trial, three witnesses testified that Francione had confessed to them that he set the fire.
He spent the two years up until the conviction on house arrest, but has been held in lock-up ever since the verdict in June.
Stango said that several times during the trial Francione’s conduct indicated “he wasn’t even taking it seriously.”
‘Jail would destroy him’
Friday, family members and friends filled four rows in the Milford court room, and several spoke in Francione’s favor.
They detailed the kind deeds Francione has performed, his caring nature and his respect for others.
For example, Francione once made his sister pull her car over on Ford Street so he could help an elderly man bring garbage out to the street.
He also helped his grandparents maintain their home and do laundry during his two years on house arrest.
“I ask the court for leniency in sentencing,” said Tom Francione, Brian Francione’s grandfather. “Jail would destroy him, his future and his family.”
Several additional people wrote letters describing Francione’s character.
Francione also spoke, saying the last two years of house arrest have been trying, as he has already missed many milestones such as his prom, seeing his nephew walk for the first time and family members’ graduations.
He did not address the arson and did not apologize during his statement.
Balancing Act
Judge William Holden said the outpouring of support had helped him decide to impose a shorter sentence than he originally planned.
“Mr. Francione is clearly a helpful, caring, concerned, compassionate, respectful individual,” Holden said.
But, Holden said, the crime at hand is very serious and public protection must be balanced with the good character references Francione received.
“I have a concern about an individual who set fire to a home,” Holden said. “I don’t want him in my neighborhood. Do you want him in your neighborhood?”
Under Holden’s sentence, Francione will serve 10 years in jail, and will have two years of special parole following the jail time.
Once he is released, he will be prohibited from any type of firefighting — volunteer or paid.
He is also required to have no contact with the victim and undergo a mental health evaluation.
