People v. Dobbs CA3

FACTS

Defendant lived with his wife Phyllis in a small RV on rural property in Kelsey that his son David owned.2 The property was a dirt pad that had been cleared and contained no brush or debris. The property had a shed where David stored tools, a larger RV -- into which defendant and Phyllis were in the process of moving -- and their fifth wheel trailer and pickup truck. David’s pickup truck was also there. David was upset because defendant had secured a restraining order against him. The day before the fire, David told his parents he wanted them off his property. In response, defendant threatened to burn the property. Defendant had previously threatened to burn the car that David had given his parents. On August 8, 2012, defendant and Phyllis went to Auburn. On the way back they stopped at a store where Phyllis bought gas and defendant bought a beer and a BIC lighter. They had been arguing about defendant’s treatment of the car and an incident where defendant embarrassed Phyllis in front of others. When they returned home after 3:00 p.m., Phyllis told defendant she was leaving him and going to stay with her sister. Defendant did not want her to leave; he tried to set fire to…