Ellendale man gets prison for arson, insurance fraud

Published 10:14 am Friday, January 23, 2015

By Matt Hudson – Owatonna People’s Press

OWATONNA — An Ellendale man convicted last fall of setting fire to his family home to collect on insurance money was sentenced to nearly five years in prison Wednesday.

Mark Allan Misgen, 43, received a sentence of 58 months on convictions of first-degree arson and insurance fraud. He was also ordered to pay restitution of more than $20,000.

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District Judge Joseph Bueltel heard arguments from both sides after the defense requested a lesser sentence of probation. The hearing, which took place at the Steele County Courthouse, lasted nearly two hours.

Misgen’s attorney, Richard Swanson, argued that the defendant doesn’t have a history of arson and has cooperated with investigations. He said that prison time would put a hardship on the family.

“Would it be good for Mark Misgen and his family?” Swanson asked the judge.

Swanson repeated that Misgen maintains his innocence.

Steele County Attorney Dan McIntosh countered that maintaining a view of innocence is defiant in the face of the court’s conviction and doesn’t show remorse for the crimes. He said that it’s not the court’s sentence that’s responsible for the Misgens’ hardship.

“The best way to make sure you’re there for your family is to not commit felonies,” McIntosh said.

He also pointed out that Misgen committed the arson while on probation for a previous felony charge, which was first filed in 2007 in Dakota County. That was for receiving stolen property, a felony. Other charges related to credit card fraud were converted to a lower offense.

Before the judge issued the sentence, Misgen gave a short statement. He said that he maintains his innocence and said that the most important thing in his life is family.

“At this point, I don’t think it’s beneficial for my children to be without their father,” Misgen said.

Bueltel reinforced the seriousness of the crime. He said that because Misgen committed arson while on probation for a previous felony, another round of probation wouldn’t fit the offense.