Commonwealth v. Levesque

436 Mass. 443 (2002)

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Nature of the Case

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Facts

Ds lived in a room on the second floor of the vacant five-story warehouse. The second floor where Ds stayed had some windows, but those windows were boarded up. The room occupied by Ds contained a bed, closet, and personal effects, including clothing, blankets, a radio, a wooden end table, and a kerosene heater. Ds had an operable cellular telephone, food, and pets. Ds had a physical altercation in their bedroom at the warehouse that resulted in the knocking over of a lit candle. A fire started, and Ds tried unsuccessfully to put the fire out with their feet and a pillow. The fire spread rapidly until everything in the room began to burn. Ds searched for the cat and dog that lived in the warehouse with them, but the search was futile. Ds left the warehouse and did not report the fire to the authorities. After leaving the warehouse, Ds passed several open businesses and shopping mall stores where public telephones were available. The fire was not reported until 6:13 P.M. that evening. m, when an emergency caller reported the fire (about two hours after Ds left the scene). Firefighters were informed that there might be homeless persons inside the warehouse. The firefighters entered the warehouse in an effort to locate any persons that might have been inside, and to evaluate their tactics to combat the fire. Six firefighters went into the building and never returned. Rescuers recovered their remains during the eight days that followed. Ds were eventually indicted for involuntary manslaughter. Ds filed a motion to dismiss, and the court granted it. P appealed.