COLDWATER, MI (WTVB) – The Branch County Prosecutors Office issued a statement on Thursday after 18-year-old Jabr Muflihi was sentenced on Monday to two years probation and restitution as a result of a no contest plea to one count of fourth degree arson.
A second count of fourth degree arson was dismissed in exchange for the plea.
Some took to social media to express their opinions that the sentence was to light for arson.
Prosecutor Zach Stempien said the case presented two unique issues that he considered. First, at the time of the offense, the Defendant was 17 years old. Shortly after the Defendant committed offense, the legislature changed the age of adulthood in Michigan to 18, not 17, meaning that the Defendant may have been considered a juvenile for purposes of the offense.
Stempien said due to the unclarity in the law and the victim’s positions, the parties found treatment under the Holmes Youthful Training Act appropriate due to the clear directive of the legislature that a person in the Defendant position should be treated as a minor.
He went on to say this agreement eliminated the possibility of lengthy appeals regarding whether the Defendant must be considered a juvenile or could be charged as an adult, both of which respectively have different outcomes, procedures, and consideration in the criminal justice system. Further, jail time remained possible with probation under the Holmes Youthful Training Act, if allowed by law.
Stempien added the second issue was the applicable sentencing guideline range, which the Court must consult when sentencing the Defendant.
He concluded the statement by saying, “The Branch County Prosecuting Attorney’s Office appreciates the concern expressed by members of this community and will continue to strive to make this a safer community. The unfortunate reality is Michigan law continues to change in a manner that makes it more difficult to punish defendant with incarceration opposed to probation or other services. Even presently, there are ongoing efforts to effectuate bond reform, reduce incarceration in Michigan Prisons, and minimize overall incarceration rates. The reality is that the potential punishment for a charged crime is often nowhere near the stated maximum penalty. Nonetheless, this office will continue to advocate for the safety of this community and the victims within.”
The fires broke out within a half hour of each other during the early morning hours of June 8, 2021. A total of three vehicles which were parked in the driveways of their residences were damaged.
The first vehicle fire was reported on East Pearl just west of Sprague Street. The vehicle was reported to be a total loss. A nearby R.V. was also damaged by the flames. Moderate damage was reported to another vehicle which caught on fire on East Pearl just east of Lincoln. No injuries were reported.
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