Judge orders Misgen pay over $20,000 in restitution

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 four years and 10 months on convictions of first-degree arson and insurance fraud. He was also ordered to pay restitution of more than $20,000.

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.

“I think that at the end of the day, evidence was clearly weighted against you,” he said.

In December 2011, two fires started in the Misgens’ home within hours of each other. The first damaged the kitchen area, and the second resulted in a total loss of the house. Investigators determined that the fires had separate origins.

Misgen was charged in 2013 and later pleaded not guilty.

In October of last year, Misgen sat in trial before a jury. The prosecution laid out a heap of evidence, as well as the motive of substantial family debt — about $428,000. The family’s insurance claim following the fire was $395,000.

The jury found Misgen guilty on both counts.

Misgen’s wife, Sara Degen-Misgen, was originally set to be tried alongside her husband on charges of aiding and abetting arson and insurance fraud. On the first day of trial, she struck a plea bargain.

The judge dropped the two charges in exchange for a guilty plea of issuing a dishonest check, a felony. A forensic accounting investigation showed that Degen-Misgen allegedly wrote bad checks from one bank account to another for a total of $33,000.

Her sentencing was scheduled for Thursday.

Mark Misgen has a mandatory sentence of two-thirds or about three years,