Deputy describes interview with arson suspect

Oct. 02--Misgen appeared reserved on day house burned

OWATONNA -- The Ellendale man charged with starting his own home on fire in 2011 appeared to be in "utter shock" during his first interview with authorities after the incident, according to testimony presented Wednesday in Steele County District Court.

Former Steele County Sheriff's Office deputy Milo Dahlin, who is now retired, interviewed Mark Allan Misgen, 42, in his squad car the morning the fire began on Dec. 7, 2011. The squad car was parked facing the house, at 403 W. Fifth St., which was still burning at the time.

Dahlin said he got called to the scene of the fire right before 6 a.m. that morning. By that time, firefighters were battling a second fire at the house -- which started about two hours after the first. Investigators found the two fires were not related.

Misgen told Dahlin his family had been staying at his mother's home after the first fire because of the smell.

"The house stank so bad we couldn't stay in here," Misgen said.

He described a full evening of events leading up to the fire.

Misgen said he had been at work earlier that evening and hen went to his son's game in New Richland. After that, he said he met his wife and their other kids at McDonald's in Albert Lea, went to one of his restaurants to make sure the door was locked and then attempted to start his pickup at his father's house.

He said when he got back to the house, after 1 a.m., he noticed a smell in the house and called 911. Firefighters came to check out the fire, which Misgen said in the recording that he thought was tied to the stove.

He said he stayed around after firefighters left to make sure nothing was smoldering, and ultimately left at about 3 a.m. to go to his mother's about four miles away. He said he got a call by his mother a few hours later telling him about the second fire.

Prosecutors played an audio recording of Misgen's interview with Dahlin on Wednesday.

Dahlin could be heard reassuring Misgen in the recording that as long as no one was hurt, everything was going to be OK.

"It's tough to sit here and look at it, but everyone's OK," Misgen ultimately concurred.

In the courtroom on Wednesday, Dahlin described Misgen that day as being quiet and reserved.

Misgen faces charges of first-degree arson and insurance fraud. His wife, Sara Ellen Degen-Misgen, 41, on Monday pleaded guilty to issuing a dishonored check in return that her charges tied to the fire be dismissed.

Authorities said the family appeared to be in the middle of financial difficulties at the time of the blaze, and the home was a total loss. According to court records, they owed almost $300,000, between their house mortgage and their two businesses, Maggio's Pizza in Ellendale and Mystic Pizza in Lonsdale. They had a personal judgement against them for $36,000 from Produce State Bank in Albert Lea, and Misgen reportedly owed almost $8,000 in child support payments. He was also required to pay $150 each month for a restitution obligation in Dakota County in a case where authorities said he used customer credit card numbers through two Ellendale businesses to create fake credit cards.

Court documents allege four months after the fire, Misgen submitted insurance claims for $395,000 for the damages.

Misgen was convicted in 2009 of using customer credit card numbers in the creation of fake credit cards.

Dakota County court files say Misgen and an accomplice, James Michael Johnson, made fake credit cards using the card numbers of customers, then purchased $20,000 in gift cards, electronics and other goods in Burnsville in November 2007. The files said the six victims had done business at M&S Auto in Ellendale.

Among other requirements of his sentence, Misgen must stay away from Sears stores.

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