Jail for man who set treehouse fire that killed teen girl sleeping inside

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A young man found guilty of criminal negligence causing death for setting a treehouse on fire, killing a teenage girl who was sleeping inside it with her boyfriend, has been sentenced to 18 months in jail.

After a trial, Superior Court Justice Roger Chown found an intoxicated and disgruntled Taran Hibma, then 18, of Owen Sound had placed lit sparklers under the door of the tree house, setting it on fire on Aug. 15, 2020 at Sauble Beach.  Genesis Young, 17, died of smoke inhalation but her 18-year-old boyfriend, Jonas Renaud, escaped the blaze.

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“This case gives rise to an exceptionally difficult sentencing decision,” reads Chown’s 22-page decision.

Hibma, who pleaded not guilty, was described at trial as upset, jealous and intoxicated before the blaze at 54 Mapleport Cr. in the Bruce County community located along Lake Huron.

Hibma’s youth was a “competing factor” in the judge’s debate over whether to hand down a longer sentence.

The defence called for a conditional sentence, or giving Hibma credit for time spent in a rehabilitation facility. The judge rejected both ideas. The Crown initially sought a sentence of seven or eight years, which the judge had previously said was “too harsh” though it was supported by prior legal decisions.

The Crown then asked for a jail sentence of two years less a day.

Chown considered the profound grief experienced by Genesis Young’s family, serious mental health consequences for her mother and aunt, and the toll on the young woman’s brother and grandparents.

The judge noted the Crown didn’t suggest Hibma intended Genesis Young to die in the fire. He also observed Hibma “actively attempted to hide the fact that he caused the fire by lying in his statement to police about how he was asleep in the living room when the fire started and how the injury to his hand was caused.”

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The judge detailed Hibma’s circumstances, which include “moderate mental health difficulties and an alcohol abuse issue” and the fact that he graduated as an Ontario Scholar, meaning he had an 80 per cent average across his six best Grade 12 classes.

Hibma began binge drinking on weekends in Grade 9 and had been arrested for public intoxication. One month before setting the fire, he sought help at hospital for his alcohol use and received support for that and for anxiety.

Chown noted the “large role” alcohol played in the events leading to Hibma’s arrest, adding: “It is well established that Mr. Hibma has a serious and longstanding substance abuse issue.”

The judge noted one could say the most aggravating factor is that someone died. “At the same time, the offence itself is criminal negligence causing death, so death is included within the definition of the offence and is therefore not an additional aggravating factor.”

Chown said he must consider mitigating factors including Hibma’s youth, which could make him “less morally blameworthy” than someone older, and his substance abuse disorder, his strong family support and his remorse. Local media attention, the judge noted, has taken a toll: Hibma’s father attributed it to his son losing nearly all his friends and his self-isolation to avoid public recognition.

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Early release from the 18-month jail sentence is possible and should be an incentive for good behaviour, the judge wrote. Jail time will also be shortened by any presentence custody. The judge also recommended Hibma, now 22, attend an addiction residential treatment centre in Owen Sound upon his release from jail.

The judge concluded his sentencing by noting he was impressed with Genesis Young’s family and friends and the positions taken in their victim impact statements.

“It really restores faith in humanity to see how you have responded with compassion toward Mr. Hibma in the circumstances,” he wrote. “You have done immense credit to the memory of Genesis. I wish the very best for you and hope you can find peace.”

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