Tuesday, January 6, 2009

Manslaughter Trial for FDNY Black Sunday Deaths

The deaths of two FDNY firefighters and severe injuries to seveal others on January 23, 2005 is the subject of a crimical trail against two tenants and the owners of the apartment building where the fire occurred. The prosecution alleged that the defendants illegally subdividing apartments in the building, and thereby contributed to the deaths and injuries through their reckless and/or criminally negligent behavior. The defendants are chanrged with two counts of second degree manslaughter, two counts of criminally negligent homicide and one count of reckless endangerment.

Key to the case will be the mental states of the defenmdants. Did their conduct constitute reckless behavior? Was it criminally negligent behavior? Chapter 5 of FOLH and Legal Considerations addresses this difficult area of the law.



http://www.nytimes.com/2009/01/06/nyregion/06fire.html?_r=1&ref=nyregion


Update: http://www.newsday.com/news/local/newyork/ny-nyfire0130%2C0%2C6424922.story

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