A judge just took three years off Norwich arsonist's prison sentence. Why?

NEW LONDON - The personal progress a Norwich arsonist has made since being convicted more than seven years ago – and not the redressing of a sentencing error - led a judge this week to reduce his original 17-year sentence by three years.

Marwan Chankar, found guilty of a July 2011 arson in Norwich, filed a habeas corpus writ – one that challenges a conviction, confinement or other “deprivation of liberty” – that the Rockville Superior Court partially accepted in August.

The court found New London Superior Court Judge Barbara Jongbloed, based on incorrect information supplied by, among others, Chankar’s attorney, William Koch III, incorrectly noted during a January 2015 sentencing proceeding that 10 years of Chankar’s first-degree arson sentence included a 10-year mandatory minimum.

The habeas court ruled Jongbloed’s sentence violated Chankar’s equal protection rights since there was in fact no mandatory minimum incarceration requirement on the charge.

“The court finds Attorney Koch performed deficiently by not knowing the law,” the habeas court stated in its opinion, noting the state Supreme Court in 1986 ruled trial courts are not bound by statutory mandatory minimum in such cases. “Reasonably competent criminal defense attorneys should be aware of this, advise their clients accordingly and develop sentencing strategies with that knowledge.”

Convictions not overturned

The court denied Chankar’s motion to have his 2014 convictions on arson and first-degree criminal mischief overturned on the basis of ineffective counsel, but ordered a new sentencing hearing on the arson charge.

In its memorandum of decision, the court stated several other individuals, including New London Superior Court prosecutors and judges at various times – including when plea offers were made in the case - also referenced the incorrect sentencing exposure Chankar faced.

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But the court also concluded there was no evidence Jongbloed would have imposed a different sentence even if she knew she wasn't bound to a mandatory minimum requirement.

On Tuesday, Chankar stood before Jongbloed again in the same court he was sentenced from seven years earlier.

His new attorney, Kelsey Dumond, of the Kirschbaum Law Group, asked Jongbloed to resentence her client to 10 years in prison, suspended after serving seven, a stretch that would have carved a decade off his original sentence.

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In her arguments, Dumond said such a request was a “fair and just” compromise and in line with the original sentence, once the mandatory minimum time-period was subtracted.

Dumond asked Jongbloed to take into account her client’s progress since being incarcerated, including his lack of disciplinary “tickets” in prison; his completion of several academic and work-related courses; and his confrontation of his substance abuse issues.

Chankar, wearing orange prison pants and a gray shirt, told Jongbloed he has taken responsibility for his past criminal acts, including the setting of a fire at a multi-family Norwich home in July 2011. Chankar said his drug addiction led to the arson and he’s committed to making amends.

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“I was ignorant, unaware of what I had,” he said. “I had no right to break the law or hurt others. Please, look at me with fresh eyes.”

Chankar's mother, Janice, also requested Jongbloed release her son early and vowed she and other family members would be there to support him.

Assistant State’s Attorney David Smith, who prosecuted the arson case, asked Jongbloed to re-affirm the original 17-year sentence - without the mandatory minimum language - saying Chankar still “dances around” his responsibility for the crime.

“He blames police and has not shown remorse,” Smith said. “He almost killed several people and put a whole block in danger.”

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Chankar was found guilty by a jury of setting fire to the 145 Rockwell St. building after being kicked out of the premises. Two firefighters were injured in the blaze which caused roughly $400,000 in damage and displaced several residents.

Jongbloed opted to re-sentence Chankar to 14 years in prison and stated no portion of that time was a mandatory minimum requirement. In rendering her decision, Jongbloed said she took into account Chankar’s positive strides, his “loving and supportive” family and his willingness to confront his substance abuse problems.

“But there’s also the seriousness of the offenses, including intentionally setting a fire (to a residence) while individuals lived there,” she said.

Minutes after Jongbloed's decision, Janice Chankar sunk into a hallway bench outside the courtroom and sobbed.

John Penney can be reached at jpenney@norwichbulletin.com or at (860) 857-6965

This article originally appeared on The Bulletin: Norwich arsonist's re-sentencing hearing ends with 3-year prison drop