ALFRED, Maine — Former Old Orchard Beach Fire Chief Ricky Plummer will serve one year in prison for setting a fire that destroyed more than 40 acres of marshland in Old Orchard Beach on April 15, 2016.
Plummer, 61, was sentenced on Wednesday afternoon by Justice Wayne Douglas to nine years in prison with all but one year suspended and four years probation. During his probation he must undergo a psychological evaluation and attend any recommended counseling.
Plummer was charged in May 2016 with arson and failure to control or report a fire.
In October, he pleaded guilty to the charge of arson under a proposed plea agreement that the other charge be dropped and be sentenced to 10 years in prison with all but two years suspended.
York County Assistant Attorney Justina McGettigan asked Wednesday that Plummer receive the sentence laid out in the proposed plea deal.
“Arson is a very serious crime,” McGettigan said. She said though no one was hurt, Plummer put 100 firefighters in danger, betrayed the trust of the community and created a fire that cost $20,000 to put out.
She said as a more than 40-year veteran of firefighting, Plummer knew the risk the day of the fire, on which the National Weather Service had posted a fire weather watch due to dry temperatures and high winds.
She said the fire was premeditated, as police found that Plummer had done searches of the area on his computer before the fire occurred.
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McGettigan noted that Plummer’s account of the events on April 15, 2016, evolved over time. She said at first he denied any involvement, a month later admitted to setting the fire but minimized his involvement, and then in January 2018 made a “markedly different” account.
In January, Plummer stated he had decided to take a walk in the woods to a peaceful area by a pond and smoke a cigarette, she said. He stated that he should have put out the fire when he saw it start, and further stated, “I didn’t. I can’t explain why.”
McGettigan said Plummer needed a psychological evaluation to get to the root of why he caused the fire that day, since he hasn’t been able to say why he did it.
Plummer’s attorney, Nathaniel Hitchcock, asked that Plummer receive a four-year sentence with all but 5 months suspended.
“He has taken responsibility for his actions and is here today,” Hitchcock said.
Hitchcock noted the fire did not destroy any buildings nor kill anyone. Hitchcock said Plummer feels remorse for the fire. He said Plummer also felt remorse for not telling authorities about his involvement in the fire sooner, and he was afraid of what would happen if he admitted his role in the fire.
“He didn’t know exactly how to bring it up,” Hitchcock said.
Hitchcock responded to McGettigan’s comments on Plummer changing his account of what happened the day of the fire. He said that Plummer had memory loss due to a vitamin B12 deficiency.
Hitchcock denied the fire was premeditated. “This was not planned or conspired. This was in the moment,” he said.
Hitchcock said Plummer was a dedicated long-term public servant, and at the time of the fire, he had a lot of work and family related stress.
Hitchcock said Plummer’s wife, Elizabeth, had undergone multiple brain surgeries to remove tumors and had also had a stroke as a result of one of the surgeries.
He said she was agoraphobic and the only one who could get her out of the house was her husband. Without him, she wouldn’t be able to go to medical appointments, Hitchcock said.
He said she was also dependent on Plummer financially and for health insurance.
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Hitchcock said Plummer was a “model employee” at trucking company R.C. Moore, and the longer he was in jail, the less likely he would be able to get his job back.
Plummer, dressed in a suit and tie and neat in appearance, appeared somber as he read a written statement. Plummer made multiple apologies, first apologizing to his family for the heartache they had endured.
He apologized to Town Manager Larry Mead, saying that Mead had put his trust in him and he broke that trust and embarrassed him.
He also apologized to the Old Orchard Beach firefighters, saying he let them down and ruined the relationship they had with their chief and embarrassed them.
Plummer apologized to the Old Orchard Beach Town Council, and he said he was sorry for the bad press the fire caused and he apologized to the community as well.
Plummer apologized to area fire departments who had put their trust in him and had always treated him with respect.
“It was an honor and a privilege to work alongside all of you,” he said.
He also apologized to for betraying the trust of the park ranger who interviewed him and to the courts for causing them to spend time and money on his case.
Elizabeth Plummer spoke in court, confirming her health issues and her agoraphobia, and said the only person who could take her appointments if her husband was incarcerated was her brother, who worked as a teacher and had limited time.
“This is not a black and white picture,” Justice Douglas said.
Plummer was aware of the fire risk on the day the fire occurred and his actions betrayed the trust of the community, Douglas said.
“This was not a case of carelessness or recklessness. This was a case of intentional action,” Douglas said.
It was clear to him by Plummer’s demeanor that he had remorse for what he did, Douglas said. He said that Plummer was his wife’s sole caregiver and she was in a sense a victim as well.
Douglas also noted that Plummer had a long exemplary career as a public servant, and read quotes from newspaper articles about Plummer that praised him for his work while he was a chief in New Hampshire
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