Kevin Berger – Leader Staff
A Barrhead man who splashed gasoline over a truck occupied by another person and then set it on fire will spend just over two years in jail.
Harley Rudolf Horn, 31, pleaded guilty at Barrhead Provincial Court on Oct. 16 to committing arson with a disregard for human life, uttering threats to cause death, failing to comply with the conditions of an undertaking and driving while disqualified. Five other charges were withdrawn.
Judge L.E. Nemirsky sentenced Horn to three and a half years in jail, but credited him for the 318 days he had already spent in custody. On an enhanced credit basis of 1.5 days for every one in custody, that equaled 477 days, leaving him with 831 days left to serve.
He was also sentenced to a 10-year firearms prohibition and a three-year driving prohibition, both of which will begin after his release. Finally, he was ordered to surrender a sample of his DNA to police.
Crown prosecutor Brett Grierson said that on Nov. 28, 2018, the individual whose truck was burned had driven out to the Tiger Lily waste transfer site in the County of Barrhead, looking for Horn.
Horn and the victim were known to each other, said Grierson, adding that there was some bad history between the two. Defence lawyer Richard Forbes later noted that it had to do with a truck that belonged to Horn’s father.
When the victim arrived at the waste transfer site, Horn and his girlfriend had set up a pile of clothing belonging to the victim. After his truck pulled up, Horn presented a jerry can and set the clothing on fire, Grierson indicated.
During the ensuing argument, Horn splashed gasoline from the jerry can into the open driver’s side window of the victim’s truck.
While the individual rolled up his window, Horn entered his own vehicle and used it to push the victim’s truck further into the dump. Grierson said Horn then exited the vehicle and shouted ‘You messed with the wrong guy. I’ll kill you.’
Horn then began dumping the jerry can into the box of the victim’s truck. Fearing for his safety, the victim exited the truck and ran from the scene as Horn set the truck on fire; it was fully engulfed by the time RCMP arrived on the scene.
Horn did not chase the victim or threaten him further. Later, he was apprehended by the Barrhead RCMP without further incident, Grierson indicated.
At the time, Horn was under a driving prohibition and an undertaking prohibiting him from entering the County of Barrhead, Grierson noted.
By way of mitigating factors, Grierson said Horn’s guilty plea means the witnesses that would be called in the case were spared a lengthy trial.
The aggravating factors in the case were the danger posed to the victim and the damage incurred to property, as the truck was totally destroyed and could not be recovered.
The joint submission from the defence and Crown was for the three and a half years in jail, along the additional firearms and weapons prohibition. Grierson cited two similar arson cases where the defendant was also sentenced to three and a half years in jail.
Forbes noted that Horn has been dealing with drug issues for about the last decade and “was struggling at the time of the offence.”
He had also recently lost his father and brother, which caused his life to take a bad turn.
Forbes said Horn’s mother and two other family members were present in the court room, adding that his mother had supported Horn through his recent struggles.
He said Horn had been in custody for virtually the entire time since the date of the offence. He had been briefly released on July 3 to seek treatment, but was unable to arrange for a treatment bed and turned himself into the Barrhead RCMP on July 11.
When given the opportunity to make any final comments, Horn chose not to say anything.
After taking several minutes to review a victim impact statement, Nemirsky said he saw no reason to depart from the joint submission. He acknowledged that Horn’s guilty plea was mitigating but the danger posed to the victim (as well as the damage to his truck) were aggravating.
