Suspect pleads not guilty to setting fire to Old Pink

40-year-old John W. Burns has been in an inpatient treatment facility since his last appearance in federal court in September.

Magistrate-judge G. Kenneth Schroeder on Thursday extended Burns’ release under conditions that include the “most restrictive supervision” the next institution can impose on Burns.

Assistant U.S. Attorney Richard Antoine, however, said he worries that Burns will still be able to “come and go as he pleases” at the next facility and no one will stop him from setting fire somewhere.

Antoine asked Schroeder to delay the release order to give the U.S. Attorney’s Office time to review the terms and consider an appeal.

Schroeder rejected the request.

“He’s in the program now,” the judge said. “He’ll come back to it. Why interfere?”

Burns has made progress in treatment, the probation report said.

“This interruption could be a hindrance to the progress he’s made,” Schroeder said of the prosecutor’s request for a delay.

“Right now, I think he’s on the road to being a productive citizen,” the judge said, calling that a better option than keeping Burns in a jail cell without mental health treatment.

Antoine said he would like the temporary stay to take effect if Burns is released to another residency program with less restrictive rules.

A consultant at the hospital where Burns is currently being treated told the court there was “some freedom of movement” in the next stages of his treatment. The consultant said Burns was making “good progress” in treatment. Burns was dressed in street clothes and was escorted by counsel, not US Marshals, during the arraignment.

Antoine asked the court if Burns could leave the next rehabilitation facility unaccompanied.

His question remained unanswered.

As for the “most restrictive” terms available at the next location, “we would like to have some understanding of what that means,” Antoine told the judge.

Schroeder’s ruling came during Burns’ arraignment, in which Assistant Federal Public Defender Erin Ryan pleaded not guilty to arson charges.

A federal grand jury last month indicted Burns on arson charges for allegedly setting fire to the Old Pink Bar at 223 Allen St. on June 17.

A grand jury also indicted him for attempting to set the vehicle on fire. On Aug. 13, Burns allegedly attempted to damage and destroy a white 2012 Jeep Grand Cherokee by fire.