SALEM — A Beverly man who burned down his grandmother's house, ran a male prostitution ring and threatened witnesses in both crimes could be out of custody in a matter of months, after a judge sentenced him to two to three years in state prison — a sentence he's nearly completed while awaiting trial.
The sentence comes amid concerns about a psychological evaluation that suggests Daniel Fournier does not believe he is responsible for his crimes and may have no intention of complying with the terms of his probation when released.
Fournier is still awaiting trial on a series of fraud charges stemming from an alleged scheme in which he falsely claimed to be the landlord of a Beverly apartment, which he then rented to at least three people, including a disabled Gordon College student, only to take their deposits and leave them without a place to live or facing immediate eviction by the actual owner.
In December, Fournier, 22, pleaded guilty to the arson and animal cruelty charges, stemming from a 2004 fire that burned down his grandmother's house and killed her four pet parakeets, and the prostitution and witness intimidation charges, stemming from an online prostitution service Fournier was running in the Beverly and Newburyport areas.
At the time, Fournier told Judge Howard Whitehead that he was bipolar, leading Whitehead to order a psychological evaluation at Bridgewater State Hospital.
That report, turned over to the judge and lawyers yesterday, painted what the judge described as "quite frankly, not a real flattering portrait" of Fournier — who was found not to be bipolar but to have a personality disorder and an inclination to arson.
"I was troubled by the evaluation that came back," veteran prosecutor Marcia Slingerland agreed. "I'm not sure he's going to be able to comply with the conditions (of his release)," which include holding down a job.
She also expressed concern that Fournier was not remorseful about his crimes and was sorry only that he was being held in custody.
Fournier told his evaluator that he simply does not like to work. Slingerland had asked the judge to impose a longer prison term.
Defense lawyer Scott Gleason said his client has been on antidepressants since his plea — although the evaluation also points to Fournier's past refusals to take his medications.
And, acknowledging that Fournier appeared to minimize his crimes during the evaluation, telling a psychologist the fire started by accident when he knocked over a candle, Gleason said, "I think he got a little too smart for his own britches."
Whitehead briefly considered withdrawing his offer of a two- to three-year prison term followed by five years of probation, saying the report "gives me pause." He also said that had he been able to have such a report before Fournier pleaded guilty, he might have imposed a longer prison term.
The judge ultimately did not change his original sentence but warned Fournier that he will be heading back to jail if he fails to comply with his probation conditions, including psychiatric treatment and medication and holding down a full-time job.
Among the charges for which Fournier received his probation are the witness intimidation counts, which carry a potential penalty of up to 10 years in state prison on each of the four counts to which he pleaded guilty.
"There are a lot of things I can do here," Whitehead warned. "I've got a lot of time to play with."
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