Michael Ellis, left, turns and apologizes to Bob Bonar, not pictured, for destroying the Mayville Diner, before Judge Grace Hanlon issued the sentencing for the guilty plea to fourth-degree arson. Also pictured is Ellis’ attorney Anthony Lana (center) and District Attorney Jason Schmidt. Photo by Gregory Bacon

MAYVILLE — The individual responsible for burning down the Mayville Diner nearly three years ago has been sentenced to seven weekends in jail, must pay more than $40,000 in costs and will be on probation.

On Thursday, state Supreme Court Justice Grace Hanlon sentenced Michael Ellis, 43, to weekends in the Chautauqua County Jail beginning Friday evening, Sept. 16, through Oct. 30 and be on probation for the next five years. Additionally, Hanlon ordered Ellis to pay Bob Bonar $22,576, the village of Mayville $14,985 and the Sweet Spot $1,000.

Bonar held the land mortgage of the restaurant and the $22,576 was the land value of the property that was taken by the county due to back taxes. Mayville’s $14,985 is what the cost was for the village to clean up the property. The $1,000 to the Sweet Spot is because that establishment was damaged in the restaurant fire. There were also additional fees in Hanlon’s order.

Ellis pleaded guilty on May 24 to a charge of fourth-degree arson.

The Mayville Diner was destroyed in a nighttime blaze Dec. 9, 2019. Ellis was initially charged with third-degree arson, when former District Attorney Patrick Swanson was in office.

Current District Attorney Jason Schmidt said Hanlon reduced the charge to fourth-degree after she reviewed the grand jury transcript. “That (grand jury) predated me,” Schmidt said.

Third-degree, Schmidt said, is for “intentional” while fourth-degree is for “reckless.”

“She (Hanlon) felt there wasn’t enough evidence put into the grand jury that would say he (Ellis) acted intentionally. She felt that it was reckless,” Schmidt said after the sentencing. “The worst you can do in life is an intentional act. Beyond that is recklessness, that you’re so reckless that you can cause an injury and she’s saying, ‘I’ll call it reckless.'”

During the court appearance, Schmidt lobbied the judge for a harsher sentence. “It’s a societal issue, so that the community knows that an adequate punishment is obtained here for a criminal act,” he said.

Schmidt acknowledged that Ellis burned the restaurant down in an attempt to get out of financial debt. “I think financial desperation is a very persuasive motivator for people, but we hit a crossroads when we encounter a desperate situation,” he said.

Schmidt felt a longer jail sentence was warranted because Ellis’ actions impacted Bonar, who was relying on payments for his retirement, as well as neighboring businesses and the community at large.

Apparently there was an agreement between Ellis and former DA Swanson before Schmidt took office. “The reason for my deciding not to honor prior agreements between the previous administration was this issue that I was struck with in what do you do in the face of this kind of conduct,” Schmidt said. He did not elaborate what that agreement was.

Ellis’ attorney, Anthony Lana, defended his client. “Mr. Ellis is 43 years old and has never even had a speeding ticket,” he said.

Lana noted that Ellis talked with police without legal representation, no longer can own a pistol or go hunting, and will have a criminal record for the rest of his life.

According to Lana, Ellis has a good paying job and needs that employment in order to pay Bonar, the village of Mayville, the Sweet Spot, as well as pay child support and support his 6-week old child.

Lana called Ellis a “disgraced member of the community” and noted that he had to move out of the county. He added that Ellis was “drowning in debt” and the fire was meant to bring him “back to zero,” not give him a financial gain.

“If this case doesn’t scream for probation, then I don’t know what does,” he said.

Ellis also briefly spoke before the sentencing. He apologized to Bonar who was in court, and said he “feels terrible” for the events that night. “I regret it daily,” he said.

After court, Bonar was asked if he wanted to comment, but declined to say much. “It’s been too long ago. You’ve just got to forget about it,” he said.

Bonar is still waiting for the decision by the insurance company on the $180,000 that was owed to him by Ellis.