John Magno leaves a courthouse on University Avenue in Toronto Tuesday May 17, 2011 following the start of his 2nd Degree Murder trial.
An Ontario Superior Court judge was urged by the Crown to "send a message" by imposing a 10-year prison sentence against a Toronto businessman who orchestrated a plan to burn down his family's building supply store.
"Crimes for profit that endanger lives cannot be tolerated," stated prosecutor Anna Tenhouse on Monday at the sentencing hearing of John Magno. "This was destruction motivated by greed."
Mr. Magno, 53, was convicted of manslaughter this summer in the Christmas Eve, 2001 death of Tony Jarcevic, who was recruited to set the Woodbine Building Supply store on fire. The east-end Toronto building exploded prematurely, killing Mr. Jarcevic and severely injuring an accomplice.
The fire was one of the largest in the city's history, forcing the evacuation of 50 nearby homes on Danforth Avenue and requiring the services of more than 170 firefighters. Police eventually charged five men and alleged that Mr. Magno initiated the arson plot to collect insurance money for a condominium project his family had planned to construct on the site.
No insurance money was paid out, but the Magno family is developing a 12-storey, $42-million condo building at the site of the former store.
The other defendants all pleaded guilty or were convicted at trial a number of years ago. Mr. Magno was charged with second-degree murder and his trial did not start until this spring, more than nine years after the fire.
The delays were the result of various legal issues that arose in the case, including challenges to a section of the Criminal Code known as "unlawful object" murder, which is similar to felony murder provisions in the United States.
The jury at the trial of Mr. Magno acquitted him of second-degree murder in the death of Mr. Jarcevic, but convicted him of the lesser charge of manslaughter and of three arson-related offences.
Manslaughter convictions can attract a wide range of sentences in Canada, which was apparent in the sentencing arguments made before Mr. Justice Todd Ducharme.
While the Crown is seeking a 10-year prison sentence, in addition to the nearly two months Mr. Magno spent in jail before he was granted bail in 2002, the defence argued that a two-year sentence would be more appropriate.
"There was no intention that anyone would die," said defence lawyer Marie Henein. "The evidence is that they wanted to do it when no one was around."
The defence lawyer noted that Mr. Magno was on very strict bail conditions for several years that were similar to house arrest. She also urged Judge Ducharme to consider the good character of Mr. Magno, including his substantial donations to charity over the years. The court heard that Mr. Magno, who operates five McDonald's franchises with his brothers, is the main provider for his wife and three adult children, who all live in a $1.2-million home in Brampton.
Three people who lived near the building-supply store at the time of the fire provided victim impact statements. No one was there for Mr. Jarcevic.
The court heard evidence from relatives of Mr. Magno about the potential impact of his being sent to prison. "I love you Dad," a tearful Melissa Magno testified. "He is selfless. He has so much integrity."
More than three dozen letters were submitted about Mr. Magno's good character. The letters did not appear to hold much weight with Judge Ducharme, who said their "general flavour" was that the convicted businessman was a victim.
"I do not take the view that Mr. Magno was a victim at all. It seems to me he was the instigator," the judge said.
Mr. Magno remains free on bail until he is sentenced on Sept. 23.
Special to The Globe and Mail.