ADAM GORLICK
Associated Press Writer
WORCESTER, Mass. (AP) -- An appeals court Friday reinstated involuntary manslaughter charges against a homeless couple who allegedly sparked a fire in a warehouse that killed six firefighters.
The decision overturned a lower court's ruling that dismissed the charges.
The city's fire chief said he never gave up hope the couple would be brought to trial.
``I've got six dead guys with parents and wives who cannot enjoy being with the people they love,'' Fire Chief Gerard Dio said. ``There are kids who cry every night because they don't have a father. So why should I let this go?''
Julie Ann Barnes, 21, and Thomas S. Levesque, 39, were indicted two months after the Dec. 3, 1999, blaze. Authorities said they accidentally sparked the fire, then fled the warehouse without reporting the fire.
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 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 said.
The court 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 that adopted her sister. She now works full-time as a hotel housekeeper. She gave birth to a son while she was awaiting trial.
King's attorney did not immediately return a call for comment.
Her former boyfriend Levesque lives in Worcester and is unemployed, Ryan said.
The father of one of the fallen firefighters said he is prepared for the trial. ``We're ready to begin the process again,'' James Lyons said. ``We always knew this would be part of the healing process.''
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