Speaking before the Cheshire County Superior Court on a video call Wednesday, a former Stoddard firefighter, who set brush fires that burned more than 200 acres in the town in 2016, made his case for being released from prison on administrative home confinement.
He hopes to return to his family and pursue employment opportunities, if he’s released, he said.
The N.H. Department of Corrections informed the court this month that David H. Plante, 36, had been approved for early release on electronic monitoring.
In October 2016, Plante was sentenced to 2½ to seven years in prison after pleading guilty to two arson charges in connection with fires he set in April of that year.
One of the fires burned 190 acres, and drew a response of more than 100 firefighters from 40 departments in New Hampshire and Vermont, and personnel from several state agencies, including the N.H. Division of Forests and Lands. That fire caused the evacuation of residents in 17 homes on Juniper Hill and Tarbox roads, and caused officials to temporarily close a portion of Route 9.
Last year, Plante was ordered to pay more than $600,000 in restitution to three businesses.
On Wednesday morning, the court held a hearing on the home confinement request after the Cheshire County Attorney’s Office filed an objection, arguing Plante shouldn’t be considered for release until he has served his minimum sentence behind bars. Plante’s earliest parole date is Oct. 17, 2018, according to county prosecutors’ written objection.
Speaking to County Attorney D. Christopher McLaughlin and Cheshire County Superior Court Judge David W. Ruoff from the Northern N.H. Correctional Facility in Berlin, Plante said that if released, he would live with his parents and assist them on their Chesterfield dairy farm. He added that he already has employment opportunities, and stated that a former employer, SUR Construction in Winchester, has agreed to rehire him as soon as he’s released.
Erika Payne, project manager estimator at SUR, said this morning that the company didn’t offer to rehire him, but that he would be considered for a job.
“If he has all of his certifications to drive and he files an application, I would consider it as I would any other application,” she said.
People living under administrative home confinement are able to leave their residences for certain purposes, including work or counseling sessions, McLaughlin said. Their activity is monitored by an electronic bracelet.
Plante said that while in prison, he’s participated in The Family Connections Center program, which teaches inmates about healthy family relationships and parenting and helps them keep in touch with their children.
“I’m just trying to do everything I can do to better myself as a person, better myself as a father,” Plante said to the courtroom.
Ruoff said he will issue a ruling on Plante’s case by the end of the month.
Plante told authorities investigating the 2016 fires that he set the brush fire that burned 190 acres over two days, April 21 and 22, according to a police affidavit.
At the time, Plante was a volunteer firefighter in Stoddard.
Besides the 190-acre fire, Plante told police he set another brush fire earlier that week that consumed about 16 acres, according to the affidavit.
The two blazes were among a series of brush fires in Stoddard the week of April 17-23.
Last October, in connection with damage caused by the fires Plante set, Ruoff ordered him to pay $525,000 in restitution to Eversource; $25,000 to LTS Group Holdings, a fiber optics communications equipment business; and $97,879.71 to Chubb Insurance (an insurer of LTS Group Holdings).
In an Oct. 5 letter to the court, the Department of Corrections did not detail why it had approved Plante’s release on administrative home confinement.
Joan Jepson, an administrative assistant with the department, said Wednesday that she couldn’t access the information in Plante’s case file detailing why he was approved, but said the department follows guidelines when considering inmates for administrative home confinement.
“We are following our policy and procedure,” Jepson said of Plante’s case.
According to the department’s guidelines, inmates who have been convicted of certain offenses, and are within 14 months of their minimum parole date, can be eligible for release on administrative home confinement. They must also have an established residence and employment or reasonable prospects for employment outside of prison, the guidelines say.
In an interview, McLaughlin said Class B arson charges, which Plante was convicted of, do not prohibit early release on administrative home confinement.
Class A arson charges, however, which are brought when people start fires that burn residences, do prohibit early release, he said.
McLaughlin said he objected to the Department of Corrections’ decision because of the seriousness of Plante’s crimes.
“...Mr. Plante intentionally set fires on undeveloped woodland burning many acres and causing hundreds of thousands of dollars of damage of property belonging to Eversource and others,” he wrote in his objection, citing evidence in the case.
“...it was only through a twist of fate that no one was injured battling the fires.”
Xander Landen can be reached at 352-1234, extension 1420 or at [email protected]. Follow him on Twitter @XLandenKS.
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