Alleged arsonist faces hate-crime charges

As he remains held in police custody on a no-bond warrant, Nicholas J. Proffitt now faces three felony charges as a result of his alleged attack Friday on the Islamic Center of Cape Girardeau.

Charges filed by Cape Girardeau County Prosecutor Mark Welker and signed Monday by Judge Frank E. Miller listed three felony counts against the alleged arsonist, one of which is enhanced as a hate crime.

The first and second counts charge Proffitt with first-degree burglary and first-degree arson, respectively. Both of the counts are class B felonies, which carry a maximum penalty of up to 15 years in prison.

The third count for property damage is enhanced as a hate crime, and the enhanced charge is a Class D felony with a maximum penalty of up to seven years in prison.

“Proffitt is being charged with the maximum penalty that is allowable under the state law hate-crime statute,” Welker said.

In the State of Missouri, only a specified subset of criminal charges can be enhanced due to the state hate-crime statutes. According to RSMo 557.035, the following violations are enhanceable: property damage, unlawful use of weapons, assault, harassment, tampering, property damage, trespassing and rioting.