$2 M Bond Set; Harrowing Details Emerge

by Paul Bass and Thomas MacMillan | November 16, 2009 2:55 PM | | Comments (13)

111609_TM_0006.jpg(Updated) She was already scared of her mother’s boyfriend for allegedly fondling her. Now, she said, she awoke to find him pouring liquid on her head and lighting matches.

She struggled with him, twice, to break free.

A 12-year-old girl, who saved her baby sister’s life and barely escaped death herself, told that story to police.

Her story emerged in detail Monday afternoon as the court file became public in the tragedy that occurred Sunday morning on Market Street in Fair Haven.

The file became public as Howard Stewart, who’s 50, appeared in Superior Court on Elm Street Monday. (He’s pictured above conferring with his public defender, Renee Cimino.) He was arraigned on charges that he lit his girlfriend on fire; doused his girlfriend’s 12-year-old daughter with an accelerant and tried to light her on fire; then lit their house on fire.

The baby, who turns 3 months old on Thursday, was also in the family’s apartment and was rescued, unharmed. (Contrary to other media reports, the baby was never doused.)

Judge Roland Fasano increased Stewart’s bond from $1 million to $2 million. He ordered him segregated from other prisoners. He placed Stewart on a mental health watch. He issued two protective orders requiring Stewart to stay away from the family, should he be released at some point. Fasano then transferred the case to Part A of Superior Court on Church Street, where Stewart has a Nov. 24 court date.

Stewart and his girlfriend got into an argument Saturday night, after which he left their apartment on Market Street near the corner of Monroe Street in Fair Haven. He returned early Sunday morning. The argument resumed. Then came the alleged attacks and the fire. (Click here for background on that.)

Stewart did not enter a plea Monday. He told police he and his girlfriend had had long-running arguments about allegations that he inappropriately touched the daughter, as well as about “bills backing up,” according to one of the police reports on file.

“Things just went too far this time,” Stewart is quoted telling Officer Robert Levy.

12-year-old Hero

They certainly altered the life — and almost ended the life — of a 12-year-old girl.

The girl lived on the second and third floors of the house on Market Street with her 3-month-old sister, her mother, and her mother’s boyfriend, Howard Stewart. Stewart is the father of the baby. He is not the father of the 12-year-old girl.

According to the police reports, Stewart doused his girlfriend, who’s 35, with an accelerant, then lit her on fire during their argument. The girlfriend ran downstairs to the house’s first-floor tenants for help. She was burned from “her chest and down to her legs.” Though in “severe pain,” she was able to tell the cops who burned her, before she was transported to the burn unit at Bridgeport Hospital. (She remains in critical condition there as of late Monday afternoon.)

The police also interviewed the 12-year-old daughter.

Here’s what she told them, according to the report: Her “mother’s boyfriend did this to them. She stated that last night she told her mother that Howard Stewart had been touching her on her private parts and was scared of him and wanted him to stop.

“[She] then said that her mother … and Howard Stewart got into an argument. That Howard was yelling ‘you believe her.’ [She] said that her mother wanted to wait till Monday to go to the police department to report the incident. [She] said that they argued for a while and that around midnight Howard left the apartment. [She] then said that she went to bed with her mother on the third floor because she felt afraid.

“This morning [Sunday, she] said she woke up because she felt liquid being poured on her head and when she opened her eyes saw Howard striking matches and tossing them toward her. [She] said that when she ran down the stairs to the second floor she noticed the fire [that had broken out in the house] and stopped.

“She said this was when Howard grabbed her, dragged her back upstairs and threw her back on the bed. Howard poured more liquid on her then ran down the front stairs. [She] said that by then she could see the fire coming up the rear stairs and was about to run down the front stairs when she saw that her baby sister … was still asleep on the bed.

“[She] said that she grabbed her sister and ran down to the first floor where she then found her mother and saw that she was naked and that she was burned. [She] said that the first floor tenants were on the phone with ‘911.’ [She] told them that the second floor was on fire and they left the building.”

The Boyfriend’s Story

Stewart faces charges of first-degree arson and assault, two counts of attempted assault, two counts of risk of injury, and one count of criminal mischief.

111609_TM_0010.jpgOn Monday, Stewart appeared before Judge Fasano (pictured) chained at the wrists and ankle. He wore a Rolling Stone T-shirt, blue and red shorts, thick socks and no shoes.

Karen Roberg, the deputy assistant state’s attorney, argued that bail be set at at least $2 million. Stewart has a history of domestic assault and violations of protective orders, Roberg said. The most recent instance was in the ’90s, she said.

Judge Fasano agreed with her request. He set the bond at $2 million.

111609_TM_0022.jpgPublic Defender Renee Cimino had argued for a lower bond. She also asked that Stewart be separated from other prisoners while in jail.

While he didn’t speak to the judge, Stewart did speak to the cops, on Sunday.

He stopped Officer Andrew Gamberdella at Grand Avenue and James Street, near the scene of the fire. Two other officers, Michael Ostigny and Robert Levy, were with Gambardella.

Stewart “just walked up and said that he was involved” in the fire, Officer Levy said in a conversation Monday. He said Stewart did not confess to committing a crime. “He was calm,” Levy said.

Officer Ostigny patted Stewart down. He “felt a large coil in [Stewart]’s left jacket pocket,” Ostigny wrote in a subsequent report. “As [I] pulled the coil out, I saw it was a pants belt. However, as I was pulling it out, some wooden match sticks fell out of his pocket.”

The cops brought Stewart back to the scene of the fire. Along the way, he asked Officer Levy how if his 3-month-old daughter was “all right,” according to Levy’s written report of the incident.

“What’s wrong with her?” Levy asked.

“Did she get hurt by the fire?” Stewart allegedly responded.

At the scene, Stewart again asked Levy to check on the baby, Levy wrote. He complied, then reported on the baby’s safety.

Hearing more of the details of what had transpired, Stewart “shook his head and uttered, ‘Things just went too far you know, we were arguing about things and…’” according to the report. Then Stewart “put his head down looking at the floor.”

Stewart spoke some more en route to police headquarters, according to Levy’s report.

“Lately we’ve been arguing over everything, paying bills, me not working,” Stewart is quoted as saying. (A separate police report identified him as a maintenance worker at a Milford hotel.)

“She works during the day and when she comes home I go out and try to find a night job,” the report continues to quote Stewart saying. “Bills are backing up and you can’t afford to pay the bill off, so you just pay on it a little and we been fighting about that cause money not there…

“Then she [the 12-year-old daughter] starts with this shit and lies about me touching her to her mother… I never touched that girl. She just lying to cause more problems.”

Stewart is then quoted referring to the girlfriend “all night long saying you ain’t never gonna see your baby, you’ll never see her again, ‘cause you ain’t gonna hurt her. I’ll make sure you never see your daughter again. I’m gonna take her away from you.”

Stewart told Levy he “couldn’t take it anymore,” according to the report. Levy offered sympathy about the difficulty paying bills.

“Things just went too far this time. I hope everyone is all right,” Stewart allegedly responded. “Can you try to contact [the girlfriend] again and tell her where I’m at? And I’m sorry.”







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Comments

Posted by: ROBN | November 16, 2009 12:54 PM

I tend to stay away from hyperbolic lables such as "animal" but in this case its appropriate for such a cold-blooded would-be murderer. Lock this guy up and throw away the key.

Posted by: Val | November 16, 2009 1:12 PM

Why should they separate him from the other prisoners? Is he afraid that he will feel as defenseless as the woman he tried to kill?? Why isn't he being charged with attempted murder? Anyone knows that lighting someone on fire after dousing them with gasoline will probably kill them.

Posted by: Pat | November 16, 2009 2:39 PM

Why is it that " Stewart has a history of domestic assault and violations of protective orders" and was out in the community?
Research has shown that when the legal system does its job, these people learn the lesson. When the legal system fails to come down on them hard, this is what we get.

Domestic violence was a long time in being addressed by society because the victims were overwhelmingly female and powerless. That started changing in the 1970s because of the feminist movement and the growing numbers of women that went to work in the legal system.

Horror stories like this show how much is still to be done. Like a serial rapist, serial abusers must simply be removed from society until they can prove they are no longer a danger to anyone.

Women and children should not have to go to shelters. Even shelters have been attacked by these hyper-aggressive men. As for Restraining Orders - they are merely pieces of paper. Surely you jest!

Whether it's a celebrity like Rihanna or this poor woman who is scarred for life - not to mention her children and mother - we seem to allow repeated violations of the law until disaster strikes.

The war against women has to stop. Every day there is a death toll of innocent women here in our own country.

Who will pledge to stop the war?


Posted by: Not surprised | November 16, 2009 3:06 PM

Again,
Why are people so surprised when we hear about this kind of behavior. We, as a society, have decided that criminals are allowed to walk among us. Good luck everyone!

Posted by: jeez | November 16, 2009 4:18 PM

He dragged her back upstairs in a burning house, threw her on the bed and sprayed MORE flammable liquid on her? This should be attempted murder.

Posted by: asdf | November 16, 2009 5:13 PM

Maybe some lawyers can clear this up, but Assault and attempted assault? Why not attempted murder? Seems pretty clear to me that this is more than assault.

Also, the combination of his passive voice ("things got out of control") and casting blame at the victims is just disgusting. This guy should NEVER get out of jail.

Posted by: Lifer | November 16, 2009 5:35 PM

I cannot imagine having to be this guy's attorney. Especially as a young woman.

Posted by: East Rockette | November 16, 2009 9:01 PM

Paul, what can we do specifically to help this woman, her incredibly brave daughter, and the baby who is now without her mother for, presumably, months of recovery? Also, the tenants who have been burned out of their home. Please let us know how and where to direct donations or assistance.

Posted by: STYLENE | November 17, 2009 7:33 AM

THAT 12 YEAR OLD GIRL IS A HERO!!!!!!. MY PRAYERS ARE WITH HER AND HER SISTER AND MOTHER.

Posted by: Lawyer | November 17, 2009 9:52 AM

The attempted assault would apply to the child on whom he allegedly poured the accelerant. Had he actually lit her on fire, then it would be assault.

Prosecutors usually charge Assault 1st rather than Attempted Murder because the penalties are the same but Assault 1st is easier to prove, i.e., you don't have to prove intent to kill when you charge Assault 1st--just intent to cause serious physical injury.

Posted by: anon | November 17, 2009 11:34 AM

Pat: These are the same guys (I am speaking based on fact here) who drive around at 60 miles per hour every Saturday night, running down innocent children on our streets. Even if they kill one, they get off with slaps on the wrist or worse, are in hit and runs which are never solved. Crack down on all forms of aggression with some new laws and you'll solve many of the others. I agree with you that we need comprehensive social change and the only way to do that is to distribute resources more equitably and protect people's rights to be human more equally - not just crack down on the "easy" crimes.

Posted by: STYLENE | November 17, 2009 11:37 AM

@lawyer- thanks for the clarification. so in other words.....legal mumbo jumbo. most people would not have known the difference. thanks again. :)

Posted by: ANON | November 17, 2009 12:26 PM

This guy "authored" a book. I use the term very loosely. The book, "CORRUPTION: Part One, Yielding to Temptation" retailing at $33.95 at Amazon

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