Couple Recharged In Worcester Fire

An appeals court reinstated involuntary manslaughter charges Friday against a homeless couple who allegedly sparked a fire in a Worcester warehouse that killed six firefighters.

The decision overturns a lower court's ruling that dismissed the charges.

Julie Ann Barnes and Thomas S. Levesque were indicted two months after the Dec. 3, 1999 blaze. Authorities said they accidentally sparked and fled the fire at the abandoned Worcester Cold Storage warehouse, and then failed to report it.

As the fire grew, firefighters responded. Six were killed trying to rescue homeless people they thought might still be inside.

Superior Court Judge Timothy S. Hillman dismissed charges against the couple in September 2000, ruling that prosecutors hadn't shown sufficient evidence. But the Supreme Judicial Court ruled Friday that the grand jury did have enough evidence for an indictment.

"The Commonwealth has presented sufficient evidence to allow a grand jury to conclude that the defendants' choice not to report the fire was intentional and reckless," the appeals court ruled.

The court also said the defendants tried to put out the fire, which demonstrated they knew it was spreading rapidly. The court also noted they had a cellular phone and passed several stores after they fled from which they could have called for help.

Attorney Edward Ryan, who represents Levesque, said he was disappointed by Friday's ruling. The case will now go to a circuit court.

"The Supreme Judicial Court has essentially said that the question of whether they are responsible or not is for the jury to determine at trial," Ryan said. "This does not mean that they're automatically guilty of manslaughter."

Barnes, now known as Julie King, was adopted after the fire by the same family in Maine who adopted her sister, Jennifer. She now works full-time as a hotel housekeeper. She gave birth to a son, Joshua, while she was awaiting trial on the involuntary manslaughter charges.

Her former boyfriend Levesque lives in Worcester and is currently unemployed, Ryan said.