Man sentenced for setting B.C. hardware store on fire

A Home Hardware store in Kaslo, B.C. The store caught fire in December of 2022 when a man was refused service and later returned with an axe and a jerry can full of gas, breaking in and setting fire to the building. (Credit: Nelson Kootenay Lake Tourism)

A 54-year-old man has been sentenced to four years in prison in relation to a 2022 incident in which he broke into a Home Hardware in Kaslo, B.C., and attempted to set fire to the building.

Alejandro Calderon was convicted of one count of arson with disregard for human life, one count of breaking and entering and one count of mischief causing damage over $5,000.

The sentence was handed down earlier this month in Nelson, B.C., by Justice L.M. Lyster, who considered Calderon’s criminal history, mental state, and recent progress toward rehabilitation in her decision.

The decision said Calderon being refused service at the hardware store on Dec. 5, 2022. Police attended after he was refused service, and Calderon “became increasingly angry” before purchasing and consuming a large amount of alcohol. He then went home to nearby Shutty Bench and returned to the store at closing time with an axe and a jerry can full of fuel, which the judge said he then lit on fire and threw into the store.

“I find that Mr. Calderon was motivated by revenge and irrational anger against the women in the Home Hardware Store. I find that he exercised a significant degree of forethought and continuing intention to cause the fire by walking 10 kilometres from Shutty Bench in winter weather with a jerry can and an axe,” Lyster said, as referenced in the decision.

“Mr. Calderon knows what he did, he knows that it was wrong, and he knows that he harmed others, whether he remembers doing so or not.”

The judge also said it was only due to the “brave actions” of three bystanders that the women inside were able to escape without being physically injured.

The psychiatric assessment

Calderon discussed his version of the events during a psychiatric assessment, outlining his frustrations after being refused service.

“This other law enforcement officer showed up who was so condescending … I wanted to punch him for real. I don’t know if I was more angry about (the Home Hardware employee) being a bigot or the cop mouthing me off,” he told the court-appointed psychiatrist.

Calderon also told the psychiatrist he didn’t remember getting the jerry can and axe, or returning to Home Hardware.

“I could have gone with the intention of doing something stupid, but I don’t remember. I can tell you I did not do this by accident. Something triggered me. I’m a very pragmatic human being. If I did this, there was a reason,” reads another quoted excerpt from his assessment.

The psychiatrist determined that Calderon “endorsed violence as a reasonable means to deal with people he comes into conflict with, and that while further drinking would pose a risk to his health, he did not tie his alcohol use to his aggressive, impulsive, and reckless behaviour,” according to the court document.

The court also heard Calderon had a significant criminal record, which featured several convictions for violent acts, notably an incident that involved an altercation with his friend’s landlady earlier in 2022. Calderon alleged that she attacked him first, so he said he had “every right to fight back” because “no one puts their hands on this bag of meat.”

The court documents note that, in discussion with the psychiatrist, Calderon acknowledged many other fights and aggressive incidents that did not lead to charges or convictions, and he expressed belief that he was sober in many cases and that alcohol intoxication did not fuel his violence.

The decision said Calderon lives with severe alcohol use disorder, and that his “behaviour and mental health appear to be more stable with abstinence from alcohol,” as the court document makes clear that Calderon committed himself to sobriety after his arrest in relation to the Home Hardware incident. The judge explained that Calderon was abused by his father growing up, and that his “childhood trauma has a significant impact on his behaviour and attitudes as an adult.”

“Mr. Calderon has not breached any conditions of his current bail order. He remains an active member of the recovery community and attends AA,” the decision said.

Calderon, however, does not view his past violent crimes as inappropriate, as he “believes that the use of physical aggression is warranted if he is disrespected, if someone behaves aggressively towards him, or if someone is racist,” according to the decision, which further notes that Calderon appears accepting of monitoring and treatment, but won’t accept further psychiatric treatment or medication if incarcerated.

The decision

Lyster sentenced Calderon to four years in prison, but it was reduced to three years and 266 days in custody after credit for time served.

“Arson, especially arson committed with reckless disregard as to whether the structure was occupied, is an inherently grave offence. The fact that no one was physically harmed as a result of Mr. Calderon’s acts is due only to good fortune, quick thinking, and the bravery of others,” the decision said.

“I do give Mr. Calderon credit for taking the sustained steps necessary to achieve and maintain sobriety over the past three-and-a-half years. I also acknowledge that, in the past year, he has been compliant with psychiatric care.”

Calderon is also prohibited from possessing crossbows, restricted weapons, ammunition, non-prohibited firearms, and explosive substances for 10 years following his release, as well as any prohibited weapons, firearms, ammunition, or devices for the remainder of his life.