Suspect in Belfanti office arson pleads 'no contest' before trial

SUNBURY - Moments before he was scheduled to face a jury during his arson trial Wednesday morning, Kevin Brian Mazur pleaded "no contest" to all 17 charges filed against him by Mount Carmel police and was sentenced to serve 6 to 12 years in a state correctional institution.

The 30-year-old Mount Carmel man, who is accused of intentionally setting fire to the Mount Carmel office of longtime state Rep. Robert Belfanti Jr. (D-107) on March 23, 2008 (Easter morning), unexpectedly entered the no contest plea before Northumberland County Judge William H. Wiest in the judge's chambers.

Mazur was then sentenced in Wiest's chambers before the judge entered the courtroom and informed the jury of the defendant's decision to plead no contest to all the charges.

By pleading no contest, Mazur is neither admitting nor denying guilt. But for sentencing purposes, the no contest plea is the same as a guilty plea.

Shortly after 11 a.m., Wiest explained to the jury, eight men and four women, that he accepted the plea and sentenced the defendant in his chambers to avoid any chance of Mazur changing his plea in the courtroom in front of the jury, which could have prejudiced the case and resulted in a new jury being selected.

Jury members had been seated in their chairs for two hours, waiting for the trial to begin, before Wiest briefed them on the no contest plea. Also waiting were Mount Carmel Cpl. Chris Buhay, the arresting officer in the arson case; Sgt. Todd Owens and Patrolman Kevin Katch, who both assisted in the arson investigation.

Wiest apologized to the jury members and told them their services would not be needed Wednesday or Thursday. He then thanked them for their patience and willingness to serve as jurors before dismissing them.

The prosecution was scheduled to call approximately 10 witnesses during the scheduled two-day trial.

Defense responds

Mazur's attorney, Paige Rosini of the Northumberland County Public Defender's Office, said she was prepared to go to trial Wednesday when her client decided to enter the no contest plea. She reserved comment when asked why Mazur decided to plead no contest just before the trial was scheduled to begin.

Rosini pointed out that Mazur could have received a maximum sentence of 20 years in state prison if convicted of arson. She said her client was not offered a new plea agreement Wednesday by the county district attorney's office that would have called for a lighter sentence.

'Justice was done'

In addition to being sentenced to serve 6 to 12 years in state prison, Mazur was ordered by Wiest to make restitution in the amount of $102,708.85 to Erie Insurance Company and to pay $500 (insurance deductible) to John Quinn of Shady Acres, who was the owner of the building that housed Belfanti's office at 15 West Avenue.

Mazur also was fined approximately $2,900 and ordered to pay an assortment of court costs.

Northumberland County Assistant District Attorney William Cole, the prosecutor in the case, said he did not know what changed Mazur's mind to enter the no contest plea, but was satisfied with the judge's sentence.

"It's a good resolution for the Commonwealth," Cole stated. "Justice was done. The defendant was given a significant prison sentence."

Belfanti reacts

When contacted Wednesday afternoon, Belfanti said he was glad Mazur received a stiff prison sentence, but believes the defendant "got a break" by avoiding a trial.

"I can't replace all the memorabilia I lost in the fire, but more importantly, the fire could have killed the two people living in the apartment upstairs and caused more damage to neighboring homes if not for the outstanding efforts of the firefighters," Belfanti said.

Belfanti commended Mount Carmel police and fire officials for their thorough investigation of the fire that led to Mazur's quick arrest.

Northumberland County District Attorney Tony Rosini, who also commended Buhay, Owens and other borough officers, stated, "Arson cases are difficult cases to investigate and prosecute, and the speed in which this defendant was located and arrested was simply amazing."

Rosini also praised the efforts of Cole for his thorough trial preparation. He said, "This was a team effort and everyone involved did an excellent job in gathering up the evidence necessary to go to trial and assure the public that this arsonist stays behind bars for many years."

Parents: He didn't do it

Mazur's parents, Gail and Henry Mazur of Mount Carmel, also said they didn't know what influenced their son to plead no contest, but are hopeful he will serve his sentence in the State Correctional Institution at Huntingdon. Mazur's 3-year-old and 5-year-old daughters live in Huntingdon with their maternal grandmother, Susan Conway. Mazur's wife, Angela, died Dec. 10, 2006.

When asked about his plea, Gail Mazur said, "It sounds acceptable. He wants to be near his kids and hopefully the prison system will oblige with his request. But that's up to the state prison system at Camp Hill."

Mazur has been incarcerated at the archaic Northumberland County Prison in Sunbury since his arrest on the arson charges on March 27, 2008. He will remain at the county jail before being transferred to SCI-Camp Hill.

Mazur's parents, who said they believe in their son, still contend that the accused arsonist was "coerced" by police into confessing to the charges.

Wednesday's scheduled trial was for the arson-related charges only, but Mazur pleaded guilty to all the charges filed against him in connection with the three different incidents and received concurrent sentences for each of the charges, except for four that were merged for sentencing purposes.

Case history

In August, Mazur, who resided across the street from Belfanti's office at the time of the arson, wanted to hire a new attorney and claimed the prosecuting team had no evidence linking him to the arson.

A day later, Wiest denied Mazur's request and scheduled a pre-trial conference to be held Sept. 4. But on that day, Rosini filed the new motions.

Mazur was charged by Buhay with four felony counts of arson, felony charges of burglary, criminal trespass (two counts), criminal mischief, risking a catastrophe, and misdemeanors of recklessly endangering another person (two counts) and possessing an instrument of crime in connection with the fire that extensively damaged Belfanti's office.

Two individuals were in their apartment above Belfanti's office when the fire was ignited and numerous firefighters responded to extinguish the blaze.

Mazur is accused of breaking into the office by smashing a window on the front door with a hammer. After entering the building, the defendant allegedly lit several small fires, police said. Mazur claimed he was under the influence of alcohol and drugs when he lit the fires and was upset about losing a custody case in Huntingdon County.

At a preliminary hearing on April 17, 2008, before Magisterial District Judge Michael Mychak, Buhay testified that Mazur admitted to setting the fire because he had "issues with governmental people and was lashing out at government."

Mazur also was charged by borough police with two counts of criminal mischief and one count of disorderly conduct, and two counts of possession of drug paraphernalia relating to incidents that occurred March 21, 2008, and March 26, 2008, respectively.

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