Judge pushes back arson sentencing
Published 10:18 am Monday, January 5, 2015
By Matt Hudson
Owatonna People’s Press
OWATONNA — An Ellendale resident who was convicted in October of setting fire to his family home to collect on insurance benefits will wait a couple more weeks to hear his sentence.
Mark Allan Misgen, 43, was found guilty by a jury of first-degree arson and insurance fraud after a seven-day trial. Originally scheduled for Jan. 5, a judge postponed the sentencing hearing to Jan. 21 at the request of Misgen.
According to court records, Misgen’s attorney filed a request for a continuance this week. The request says that Misgen had scheduled a surgery for Jan. 5, and the request isn’t an attempt to avoid sentencing. The judge accepted the continuance.
The conviction stems from two fires that destroyed his family’s home in 2011. The fires occurred hours apart and investigators determined them to be unrelated. Misgen, as well as his wife and children, were all out of the house on that night until nearly 2 a.m.
Investigators also found that Misgen had significant personal and business debts at the time, totaling about $428,000. The Misgens filed an insurance claim after the fire for about $395,000.
The October trial covered 98 exhibits and 23 witnesses. Most were called by the prosecutor, Steele County Attorney Dan McIntosh. They included state and county investigators, independent arson experts and a cell phone tracking expert. The defense called one witness — Misgen’s wife, Sara Degen-Misgen.
The jury returned a guilty verdict after two hours of deliberation. The judge allowed Misgen to be released until his sentencing.
Friends and family of Misgen sent letters last month asking the judge for a lenient sentence. One came from a Waseca resident, Julie Platte, who wrote that she has known Misgen all her life.
In the letter, Platte says that Misgen would “not do well in a jail/prison setting,” and that it would hurt the family for him to be away. She also talks about the moral strength of Misgen, a man convicted of burning down his house for insurance money.
“Mark is an honest person and a hard worker,” Platte wrote. “He believes that you should work hard to earn what you want.”
A second letter was submitted by Misgen’s mother, Connie Misgen-Evenson. She also wrote about Misgen’s strong family ties and helpful attitude.
Misgen faces a maximum sentence of 25 years and $30,000 for the two felony charges. The sentencing hearing is scheduled for Jan. 21 at the Steele County Courthouse.