Charges Dropped In Deadly Fire
A judge dismissed manslaughter charges against a homeless couple accused of starting a massive warehouse fire that killed six Worcester firefighters in December.
Thomas Levesque and Julie Barnes had each been charged with six counts of manslaughter after the deaths, which shook the city and drew outpourings of support from across the nation. All the charges were dismissed in a 15-page decision by Superior Court Judge Timothy Hillman that was released Wednesday.
Edward P. Ryan, an attorney representing Levesque, said the charges were dismissed because the judge found that the grand jury simply didn't have enough evidence to charge the couple.
Worcester District Attorney John Conte didn't immediately return a message seeking comment.
Defense lawyers had argued that the evidence presented to the grand jury in the case unfairly distorted the case against the defendants.
They also argued that the actions of the defendants didn't meet the legal standard for manslaughter charges. The couple was accused of knocking over a candle during a fight at the building where they had been squatters, and then not reporting the resulting fire after they left.
To be convicted of involuntary manslaughter, the defendants had to have engaged in "wanton or reckless conduct," the lawyers argued.
That argument was accepted by the judge.
"Despite the tragic results, the conduct of these defendants did not rise to the level of wanton and reckless behavior," Hillman wrote.
Hillman found that Levesque, who remained in prison Wednesday, and Barnes didn't have a legal duty to report the fire.
"Where defendants had no duty to act and where defendants' failure to act does not satisfy the standard for wanton and reckless conduct, no rational view of the evidence would permit a reasonable person to find probable cause to arrest these defendants for involuntary manslaughter. Consequently, the indictments must be dismissed," Hillman said in his ruling.
Attorney Louis Aloise, who represented Julie Barnes, didn't immediately respond to a request for comment.
Levesque and Barnes pleaded innocent in February to starting the Dec. 3 fire.
Barnes was released from jail in July, while awaiting trial, and is staying with her sister's adoptive parents, Tim and Debb King, in Ellsworth, Maine.
The Kings realized Barnes was the sister of their adopted daughter when they saw pictures of Barnes after the deadly fire.
Debb King said of the dismissal that she was "extremely appreciative of everyone who helped to make this happen."
She also said she hadn't forgotten the pain that the families of the firefighters have gone through.
"Our hearts still go out to the firefighters' families," King said. "They are in our hearts and prayers."
The firefighters died after two of them became lost in a burning warehouse while looking for homeless people they thoughmay be inside. Four more firefighters went in to find them, and they all perished.
It was the worst loss of life among firefighters from a building fire in America in more than 20 years. President Clinton and Vice President Al Gore joined 40,000 mourners at the memorial service.
Seventeen children were left fatherless by the deaths of firefighters Paul Brotherson, James Lyons, Timothy Jackson, Jeremiah Lucey, Joseph McGuirk and Thomas Spencer.