Suspect faces federal arson charges; state charges include hate-crime count

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

In a Wednesday night news release, U.S. Attorney Jeff Jensen for the Eastern District of Missouri announced Proffitt was charged with federal arson charges for maliciously damaging a building by means of a fire.

Jensen also extended his thanks to all law enforcement agencies involved for their “quick and effective response” to the crime.

The release stated the charges come as a result of investigations by the Cape Girardeau Police Department, the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Missouri State Fire Marshal’s Office and the Perryville (Missouri) Police Department.

According to the release, video footage from inside the Islamic Center showed Proffitt throwing objects through a glass window, causing it to break. Proffitt threw two containers into the center through the broken window and stepped through to enter the building.

Nicholas Proffitt

“Proffitt then picked up the containers and splashed liquid inside the Center,” the release stated. “Proffitt ignited the fire with some type of fire starter. The blaze began immediately and appeared to be accelerated by the liquid that was poured in the building.”

The federal case will be prosecuted by the United States Attorney’s Office for the Eastern District of Missouri and the Civil Rights Division of the Department of Justice, according to the release.

“To people of faith in our nation, houses of worship are sacred places,” Assistant Attorney General Eric Dreiband of the Civil Rights Division stated in the release. “Attacks against houses of worship are attacks against people of faith and their right to exercise their religion freely and without fear. The Justice Department will defend the right of all people in our country to exercise their religion, no matter the creed.”

Proffitt will appear in court today for his initial appearance before U.S. Magistrate Judge Abbie Crites-Leoni.

“The fact this fire damaged a place of worship during the Muslim holy month of Ramadan is especially harmful,” said Special Agent in Charge Richard Quinn of the FBI St. Louis Division. “Protecting the civil rights of all Americans, regardless of color or creed, is one of the top priorities of the FBI.”

At the state level, 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 carrying 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 by the state’s hate crime statute: property damage, unlawful use of weapons, assault, harassment, tampering, property damage, trespassing and rioting.

The Council on American-Islamic Relations (CAIR), a Muslim civil rights and advocacy group, has called for authorities to investigate the suspect’s motives.

“Based on the police statement indicating a bias motive for this crime, we urge local, state and federal law enforcement authorities to consider bringing appropriate hate crime charges in the case,” said CAIR National Communications director Ibrahim Hooper. “We thank all those law enforcement professionals who helped apprehend the alleged arsonist.”