Man accused in arson and jailhouse beating seeks bail

A man accused of setting a fire inside a Brandon house and being involved in a serious jailhouse assault applied for bail in Brandon provincial court on Tuesday.

Melvin Mousseau, 27, is charged with aggravated assault in connection with a jailhouse assault that took place at Brandon Correctional Centre (BCC) on Jan. 7.

The Crown opposed Mousseau’s release, citing concerns over his risk to the public and whether he will come to court for his appearances.

Crown attorney Rich Lonstrup detailed the allegations, which haven’t been proven in court.

Video footage from BCC didn’t capture the assault itself but showed men entering and leaving the cell where it took place, Lonstrup said.

He said an inmate, who police “clearly identified” as Mousseau, tapped the complainant on the shoulder, calling him to a cell. When they went into the cell, two more men followed, court heard.

“Minutes later, an individual opens the door and throws a kick,” Lonstrup said. Mousseau was the first to leave the cell before the other men followed, he said.

On Jan. 16, the complainant gave a statement to police.

He told police he had been in the cellblock for about two to three hours before another inmate called him into a cell and said he wanted to talk to him, Lonstrup said.

When the complainant went into the cell with the man, two more men joined them, court heard.

“They assaulted him by kicking and stomping on him,” Lonstrup said.

Lonstrup said someone was holding the door shut. When the complainant managed to “crawl” out of the cell, a fourth assailant kicked him in the face, court heard.

The man was left with a broken jaw in four places, which required a plate to repair, a crushed and broken nose and a possible broken orbital bone, in addition to bumps and bruises throughout his body, the Crown said.

“You couldn’t see the assault itself, but if you compare what the complainant says, it’s not hard to identify who did what,” Lonstrup said.

Police arrested Mousseau, who had been released from custody in the meantime, on Feb. 1.

Mousseau also faces charges of arson causing damage, breaking and entering into a house causing arson, possessing a weapon for a dangerous purpose and mischief.

Police received a report of a man walking around with an axe on 12th Street in Brandon on Aug. 22, 2024. When police arrived, they saw “chopped-down trees,” Lonstrup said.

Officers spoke with the accused, who identified himself as Mousseau, and noticed smoke coming from a nearby house.

Mousseau’s sister used to be the tenant of that home but had been evicted, and no one was supposed to be inside.

One of the officers said aloud, “Is there a fire in there?” and the accused told them he was smudging, Lonstrup said.

“This was not an all-consuming fire, but when police went into the home, they saw a freshly lit, active fire,” Lonstrup said.

Inside the home, police found a pile of rags with waist-high flames coming from it, court heard. Lonstrup said the accused had a white torch lighter in his jean pocket.

“This wasn’t a small, minor fire. Thankfully, at least it didn’t permanently damage or destroy the property,” the Crown said.

Mousseau was arrested and released. He had a warrant out for his arrest for around 10 months for failing to attend one of his court hearings and was taken into custody for that charge, along with others, which he was sentenced for in March.

“You have him pending on a serious arson with a strong case, and it is now revealed, while in custody, while he is supposed to be at his utmost good behaviour … committing a very serious assault where he appears to be either the instigator or at least the first person to get the complainant into the cell.”

Defence lawyer Jennifer Janssens described some of Mousseau’s personal circumstances and Gladue factors.

Mousseau was raised in foster care for his entire childhood, residing in seven foster homes in various communities, Janssens said. None of the placements was in his home community, Rolling River First Nation, and one placement was with an Indigenous family.

Mousseau has eight siblings, and none of them was placed in the same foster homes as him, she said.

“(He’s) really disconnected from his home community, his family and his culture and as a result of that upbringing and trauma he experienced, he was suffering from an addiction in 2024, which led to these allegations,” Janssens said.

However, she said her client denies setting the fire or causing any damage but did enter the home through an unlocked door to look for his sister, who he didn’t know had been evicted.

She said there are some triable issues, and she is still waiting for some information about the fire investigator’s report.

As for his alleged involvement in the jailhouse assault, Janssens said jails are an “inherently dangerous place where people behave in a way they may not normally.”

Janssens presented a bail plan with a $1,500 surety and a $1,500 promise to pay, along with conditions that he does not have contact with the complainant or the co-accuseds.

Judge Shauna Hewitt-Michta reserved her decision and is expected to deliver it in court today.

» sanderson@brandonsun.com