SPRINGFIELD — The Amherst man accused of setting his own apartment ablaze nearly two years ago was found not guilty Tuesday — but he is not free yet.
In Hampden Superior Court, Judge Mary-Lou Rup found Mark Andre, 55, not guilty of arson by reason of mental illness. Andre previously pleaded not guilty to the charge.
After the ruling, Assistant Northwestern District Attorney Matthew Thomas asked that Andre be held for further assessment. Thomas argued Andre had motive to intentionally set the fire out of malice.
Andre’s attorney, Korrina Burnham, of the Committee for Public Counsel Services, argued that the man suffered from mental illness most of his life and was not in his right state of mind at the time of the incident.
The three-day trial began in March, and its conclusion was delayed until expert witnesses were available.
Andre allegedly started a fire in his Belchertown Road apartment in an effort to take his own life Nov. 29, 2014 — a desperate act of a man down on his luck, Burnham said in closing arguments Monday, but one that did not show criminal intent.
Shortly before the fire, according to previous testimony, Andre had just learned his girlfriend was leaving him and that he would be evicted from his apartment.
“For him to be left at his own devices at this point would be a mistake,” Thomas said.
Burnham argued otherwise.
“I think the general sense has always been that, given the right circumstances, he’s not a danger to himself or anyone else,” Burnham told the judge. “Certainly this whole experience has been frightening for everyone and certainly frightening for Mr. Andre. He understands now he needs to be vigilant about his mental health, and in particular, about complying with his medication.”
Rup ordered Andre to an unspecified Department of Mental Health facility for 40 to 60 days pending treatment recommendations by officials there.
Police said Andre lit a wicker chair on fire and retreated to his bed where he hoped to breathe in the toxic fumes as he lay down. But at some point, Thomas argued in court, he “bailed.” Police found him nearby shortly after the fire was reported. His red pajama onesie was soaked in urine, authorities said.
At the time of the fire in November 2014, Andre also shared the building with 10 other residents. No injuries were reported in the fire, although the building’s tenants were temporarily displaced, police said.
Dr. Dean Zarvis, who is a forensic psychologist and runs a private practice in Northampton, previously testified that Andre’s thoughts seemed “highly disorganized,” and that he believed the man to suffer from mental disorders including schizoaffective disorder.
Andre is due back in court July 29 so that the status of his case, including prospective treatment options, can be further discussed.
Contact Michael Majchrowicz at mmajchrowicz@gazettenet.com or 413-585-5234.
