Updated: Monday, 16 Nov 2009, 1:49 PM PST
Published : Monday, 16 Nov 2009, 1:49 PM PST
myFOXla.com
Los Angeles - A former Caltech physics graduate student linked to millions of
dollars in firebombing damage to dozens of SUVs in the San Gabriel
Valley was resentenced today in Los Angeles to 100 months in
federal prison.
With time already served and good behavior, William Cottrell,
29, is expected to be released from prison in a year and a half.
Cottrell was convicted in 2004 in U.S. District Court in
downtown Los Angeles of conspiracy to commit arson and multiple
counts of arson. He was sentenced the next year to eight years and
three months behind bars and ordered to pay $3.5 million in
restitution for the alleged eco-terrorism attack.
But in September, a federal appeals court overturned all but
the conspiracy count.
U.S. District Judge R. Gary Klausner today imposed the
original sentence on the remaining conviction, the maximum sentence
for which is 10 years.
"The acts were really heinous -- especially at a time when
this kind of thing was very disturbing to the public," Klausner
said.
"There's no question this was done to intimidate people," the
judge said. "He was lucky nobody was killed. This could've well
been a murder case."
Authorities say Cottrell and two other people -- who remain
at large -- burned or vandalized dozens of SUVs in a 2003
environmental protest.
The early-morning firebombing and graffiti spree damaged more
than 130 vehicles at West Covina car dealerships and outside a few
private residences in the San Gabriel Valley. A parts building at a
Hummer dealership was also scorched.
Cottrell, wearing an orange jumpsuit and shackles, apologized
to the court today for his actions.
"I am sorry -- there was no intention of hurting anyone," he
said. "I would just like to go back to physics, if possible. All I
really want to do now is go back to physics and do research."
In arguing for time served, Cottrell's defense attorney, W.
Michael Mayock, said Cottrell is a brilliant physics student who
has the potential to make history in the mathematics field.
"He may be the Einstein of the century for all we know," the
lawyer told Klausner. "He is just a towering talent in this
particular area."
Klausner agreed that Cottrell possesses unusual skills,
citing "the brilliance and talent" of the defendant.
But the judge also pointed out that Cotrell has never taken
responsibility for the arson.
"There's no question this is a God-given talent," the judge
said.
"Am I sad to see him in prison? You bet," he continued. "But
there has to be accountability for what you've done. This is a
rampage that went on for several hours -- and you certainly did not
play a minor role."
During trial, Mayock attempted to argue that Cottrell
suffered from Asperger's syndrome -- a form of autism that affects
understanding of social situations. However, Klausner would not
allow a defense based upon the claim.
In February, the three-judge panel of the U.S. 9th Circuit
Court of Appeals upheld Cottrell's conviction and sentence but
revised its ruling in an unpublished opinion two months ago.
In its amended ruling, the appeals court said the exclusion
of expert testimony during the trial to show Cottrell suffered from
Asperger's was improper.
"Evidence of Asperger's syndrome could have assisted the jury
to determine whether Cottrell had the specific intent" required for
an arson conviction, the panel's ruling stated.
Mayock today argued again that Cottrell's affliction should
be taken into consideration during resentencing.
The illness "makes his time in prison more difficult" than it
would be if Cottrell was otherwise healthy, Mayock said.
But Klausner shut down that argument, asserting that the
syndrome "does not prevent the defendant from knowing the
difference between right and wrong."