South Dakota Teen Pleads Guilty to Arson

May 6, 2005
An Aberdeen teen-ager admitted Thursday to attempting to light an inhabited Hub City motel on fire.

An Aberdeen teen-ager admitted Thursday to attempting to light an inhabited Hub City motel on fire.

Christopher J. Tutino-Carroll, 19, pleaded guilty to arson. The crime is a felony punishable by as much as 25 years in state prison and a $25,000 fine. The charge stems from incidents in May 2004.

Details conflicted in court, but Tutino-Carroll said he and one other person worked together to light a May 10 fire at the Sundown Motel, 1305 Sixth Ave. S.W. Nobody was hurt in the small fire. Authorities say damage to the motel was negligible because the area on fire was flame-resistant.

Tutino-Carroll said he placed a container with gasoline in it in the motel's parking lot. The container was ultimately knowingly set on fire, he admitted.

Patrick B. Peterson, 21, of Aberdeen, admitted he dropped the match that started the fire. He has yet to be sentenced.

Preceded by anger: In court, Tutino-Carroll said that he became angry when he was not allowed to rent a room at the Sundown. But, he said, the fire was not lit to burn the motel down. Rather, he said, it was "just to make a fire in the parking lot so (the owner) could see it."

Mark McNeary, state's attorney for Brown County, had a different take. He said that before the fire, Tutino-Carroll told people that he was angry and wanted to burn the motel down. And, McNeary said, after the fire, Tutino-Carroll told friends that since the first fire didn't cause serious damage, he should try again.

Tutino-Carroll ultimately admitted he made the post-fire comments that McNeary cited.

McNeary said that had the fire spread, Tutino-Carroll could have been charged with two murders because at least two people who were staying at the motel and could have been killed.

Bond revoked: Tutino-Carroll was not sentenced. Instead, Judge Jack Von Wald ordered a pre-sentence investigation at Tutino-Carroll's request. The next hearing date has not been set.

Von Wald revoked Tutino-Carroll's bond, so he is now in jail as he awaits sentencing. The judge said the guilty plea to a serious felony shows a potential danger to the community.

Tutino-Carroll said there was no trail of gas leading to the motel when the fire was started. He said Peterson kicked over the container of gas after it was lit. McNeary, however, disagreed. He said that both Tutino-Carroll and Peterson were dressed in black and that witnesses saw them run away from the Sundown after the fire was started.

Tom Tobin, the Aberdeen attorney who represents Tutino-Carroll, said his client will request a suspended imposition of sentence. If granted, that would keep the incident off his record should he adhere to probation terms.

In exchange for Tutino-Carroll's guilty plea, a statutory rape charge against him was dismissed. McNeary said Tutino-Carroll and a 15-year-old Aberdeen girl had sex.

Statutory rape is a felony punishable by as much as 15 years in state prison and a $15,000 fine. Under state law, juveniles younger than 16 are not capable of consenting to sexual acts.

Distributed by the Associated Press

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