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Cook County prosecutors drop charges in fire that killed Chicago firefighter Jermaine Pelt

It is back to square one in the case of the 2023 arson that killed Chicago firefighter Jermaine Pelt.

The trial was supposed to begin on Monday for 49-year-old Anthony Moore and 39-year-old Nicholas Virgil, who were accused of starting the fire, but last week Cook County prosecutors quietly dropped all charges against them.

Their public defenders argued the case against them was weak.

"It's unfortunate for the family of Jermaine Pelt, right, that they still do not have somebody to hold accountable for this. Unfortunately, it's also unfortunate for Mr. Virgil and his family, who were forced to live without Mr. Virgil's income for over two years. He's married, he has a stepson, he was working at the time he was arrested, and despite not having a perfect record, he did not do this crime," said Cook County Assistant Public Defender Stephanie Schlegel, who represented Virgil.

Despite dropping the charges, the Cook County State's Attorney's office called the case "active and ongoing."

Virgil had been charged with multiple felony counts, including murder and aggravated arson. Moore had been indicted for wire fraud, insurance fraud, forgery, and other charges

Pelt died on April 4, 2023. He was operating a hose line at 12019 S. Wallace St., when all firefighters were told to get out of the building. Fire officials at the time said Pelt "went down" as that order was given, and he was later found near the hose line.

In 2024, Virgil, Moore, and a third man were charged in connection to his death.

Virgil and 24-year-old Martez Cristler both were charged with murder and aggravated Arson. Moore was charged with wire fraud, insurance fraud, and forgery.

Cristler's charges were thrown out months later.

On Thursday, prosecutors dropped all charges against Virgil and Moore, days before their trial was set to begin.

"For a state's attorney to dismiss a case a few days before a jury trial is supposed to start, I'm not saying it's something typical but it's certainly not unusual," said CBS News Chicago legal analyst Irv Miller. "Sometimes when they put it all together, there's a problem, and rather than go ahead with a case they don't think they can prove beyond a reasonable doubt, they will dismiss it."

In a statement, the Chicago Fire Department said it "remains resolute in its commitment to accountability and justice."

"We believe those responsible must be held fully accountable for their actions. We trust that the Cook County State's Attorney's Office will pursue this case with the diligence and determination it deserves and take every appropriate step to ensure justice is served. The Fire Department stands ready to provide any assistance necessary to support the successful prosecution of those responsible," the Fire Department added.

There is no statute of limitations for murder charges, which means the state's attorney's office could reintroduce this case if they feel they can prove it beyond a reasonable doubt.

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