Robert McElroy will spend no more than 10 years in prison for setting fire to the school.
By Tom Shaw
Omaha World-Herald (Nebraska)
Copyright 2007 The Omaha World-Herald Company
COUNCIL BLUFFS, Neb. — The man accused of setting fire to Crescent Elementary School last July pleaded guilty today to arson and burglary charges under an agreement with the Pottawattamie County Attorney’s Office.
Robert McElroy, 21, had been scheduled to go on trial today.
Instead, McElroy pleaded guilty to the two charges and prosecutors agreed to drop charges of criminal mischief, trespassing and misdemeanor assault.
McElroy will face up to 10 years in prison for the second-degree arson charge and up to five years for third-degree burglary. The deal means McElroy will spend no more than 10 years in prison.
McElroy also will have to pay restitution for what isn’t covered by the school district’s insurance, which could be several thousand dollars. He will be sentenced March 19.
McElroy’s attorney, Brian Rhoten, said McElroy did not intend to burn down the school. But under standard jury instructions, Rhoten said, his client could be found guilty of arson just by knowing that the property would be damaged or destroyed if he set a fire.
Sheriff’s deputies say McElroy broke into the school after an argument with his girlfriend. He was accused of setting paper on fire in the school’s reading room. The fire quickly spread to the nearby cafeteria and classrooms.
Chief Deputy County Attorney Jon Jacobmeier said an entire community was victimized by McElroy.
“This office and the people of the county,” Jacobmeier said, “are not going to tolerate people doing this kind of thing because they think it’s funny or they have a temper tantrum.”
The town of Crescent is eight miles north of Council Bluffs, but Crescent Elementary is in the Council Bluffs Community School District.
Crescent resident and school board member J.J. Harvey said she’s glad that taxpayer money won’t be spent on a trial.
“Hopefully (the conviction) will send a message to children that you do something like this, you pay the consequence,” she said.
The school board has decided to rebuild and expand Crescent Elementary at an estimated cost of $1.72 million. Most Crescent students are attending Washington Elementary in Council Bluffs this school year and will have to spend most of the next school year there before the new building is done.