Man sentenced for apartment fire, car theft

The Kalispell man who set a fire that destroyed five apartments and later stole a car received a four-year sentence Thursday in Flathead County District Court.

For negligent arson, a felony, David Bernach, 47, was sentenced to 10 years in the Department of Corrections with six years suspended.

For unauthorized use of a motor vehicle, a misdemeanor, he received six months suspended. That will run concurrently with the other sentence.

Bernach also was ordered to pay $15,000 in restitution to one of the fire’s victims.

Flathead County Deputy Attorney Alison Howard said if other victims come forward, the court will order Bernach to pay restitution to them as well.

“We want to make sure these people are made whole,” Howard said.

So far, almost $1.15 million in damages to Mountain Villa Apartments has been covered by insurance.

Bernach caused the Nov. 21, 2008, fire at the apartment complex on West Reserve Drive near Kalispell that displaced 10 families and individuals.

Bernach was staying in a ground-floor unit in the Mountain Villa Apartments’ west wing. Flaming gasoline, which Bernach used to ignite a fire in his fireplace, spilled from his fireplace and, around 1 a.m., swiftly spread, gutting five apartments and damaging five more in the 141-unit complex, according to court documents,

No one besides Bernach was injured, although four kittens died in the fire.

Prosecutors say Bernach tried to extinguish the fire by himself for as long as he could safely stay in the apartment. Bernach never called 911.

“There are individuals whose lives were almost ruined by this incident,” Howard said.

Bernach pleaded guilty to negligent arson in July 2009.

While he was awaiting sentencing, Bernach stole a vehicle belonging to Yoshiyuli Kobayashi in November 2009.

According to court documents, Kobayashi’s wife reportedly started his 1997 Honda around 11 p.m. on Nov. 4, 2009. Less than five minutes later, he heard the engine rev and saw the car take off from where it was parked on Second Street in Kalispell.

About 45 minutes later, a Flathead County Sheriff’s deputy found the vehicle at the intersection of U.S. 2 and Montana 40. Bernach was driving and apparently was intoxicated.

Although Bernach originally was charged with felony theft, Howard said a plea agreement was reached where Bernach would plead guilty to a misdemeanor charge for the car theft but receive a harsher sentence for negligent arson.

Reporter Melissa Weaver may be reached at 758-4441 or by e-mail at mweaver@dailyinterlake.com