Libertyville man gets prison, probation in arson case
During a few hours on the morning of March 24, Kyle Kowal could have ended several lives and set the stage for a long prison sentence.
But good fortune intervened when no one was injured by the fires Kowal set, and on Tuesday he was given a chance to become something other than a career convict.
The 26-year-old Libertyville man was sentenced to four years in prison, to be followed by an 18-month term in the county jail during which he will be released only for mental health and substance abuse counseling.
He set fires at four houses and attempted to do so at a fifth, all of which were on the 200 and 300 blocks of Cook and Laurel avenues and Homewood Drive near downtown Libertyville.
Kowal also broke into a restaurant on the 500 block of Milwaukee Avenue and faced a single charge of burglary, along with the multiple counts of aggravated arson, arson and attempted arson.
He pleaded guilty but mentally ill Tuesday to arson, attempted arson and burglary after Lake County Circuit Judge Daniel Shanes accepted a report from a psychiatrist saying Kowal was suffering from “acute and untreated mental illness” when he committed the crimes.
“When you are medicated, you strike me as someone bright and intelligent who could offer a lot to our community,” Shanes told Kowal. “When you are not, you pose a great danger to our community.”
Lake County Assistant State’s Attorney Patricia Fix said Kowal, who had previous convictions for theft and driving under the influence of alcohol, was identified by a fingerprint found at one crime scene. He confessed to Libertyville police three days after the crimes.
Fix said Kowal told police at the time he was suffering some “Terrible emotional relapses and did not realize what he had done,” but also said he was not looking for anyone to excuse his conduct because of his mental state.
Fix said a negotiation between herself and Kowal’s attorneys Laura Horner and Michael Perillo resulted in the two-phase sentence.
“Some of the families involved believed the defendant should get treatment for his problems, while others believed prison was the appropriate sentence,” Fix said. “The conditions we propose provide both for a term of punishment and the treatment that will provide the defendant a cushioned re-entry to society and protect the community at large.”
The negotiation requires Kowal to undergo mental health treatment after his released from prison, both during the 18 months he is in jail and the remainder of the three years he will spend on probation.
Shanes also ordered Kowal to pay $100 in restitution for one victim’s insurance deductible and $8,214 in court costs.
The judge told Kowal he was accepting the plea negotiation because he understood the role Kowal’s mental illness played in what happened, but believed punishment was still necessary.
“At some point in the end, Dr. Jekyll is responsible for the actions of Mr. Hyde,” Shanes said. “For the families who were impacted by what you did, this is the stuff nightmares are made of.”