Murder charges reinstated in Philadelphia firefighters' deaths in marijuana hothouse

AP ^ | 11/29/4

[SmithL]

PHILADELPHIA -- A judge reinstated murder charges Monday against a man for allegedly setting up a basement marijuana-growing operation that overheated and started a blaze that killed two firefighters.

Common Pleas Judge Benjamin Lerner ordered Daniel Brough, 36, to stand trial on charges of third-degree murder.

The firefighters died Aug. 20 after becoming trapped in the burning house in the city's Port Richmond neighborhood.

Lerner, overturning a lower court decision, said it will be up to a jury to decide whether Brough knowingly and recklessly created a situation that sparked the blaze.

Assistant Fire Marshal Arthur Czajkowski testified that the heat created by a large, 940-watt commercial bulb installed in a narrow and sealed wooden space was "basically like a bomb...

[Pyro7480]

What degree of murder?

[L98Fiero]

So, I am to gather that in Philadelphia, if you set your house on fire by doing something stupid and a fire-fighter dies while trying to put it out, the DA will charge you with murder?

[dead]

It's the same town where they arrest you if you get beaten up by union goons.

[tfecw]

its third degree murder (sorry can't help it DARK HUMOR ALERT no pun intended) I think it operates under the same idea that if you pull the fire alarm and theirs no emergency they charge ya for the false call. But if there is a valid emergency you obviously don't get charged. The man being charged started a fire by doing something he wasn't supposed to be doing. and it resulted in 2 unessary deaths and ruined the lives of their families. It is sort of suprising that philly would charge them over something as "petty" as a pot lab...maybe an illegal tobacco barn i'd understand

[robertpaulsen]

"if you set your house on fire by doing something stupid"

The way I read it was "by doing something illegal".

[gieriscm]

So, I am to gather that in Philadelphia, if you set your house on fire by doing something stupid and a fire-fighter dies while trying to put it out, the DA will charge you with murder?

I think the charge is "felony murder", and it's common in a lot of jurisdictions. Basically, if you commit a felony and someone dies as a result, you are responsible for that person's death.

This has been used against arsonists in other jurisdictions - think ELF enviro-whackos.

[wtc911]

So, I am to gather that in Philadelphia, if you set your house on fire by doing something stupid and a fire-fighter dies while trying to put it out, the DA will charge you with murder?

_______________________________________

If stupid = illegal, yes.

[FierceDraka]

I think the charge is "felony murder", and it's common in a lot of jurisdictions. Basically, if you commit a felony and someone dies as a result, you are responsible for that person's death.

Thanks for clearing that up for me. I was a bit perplexed as to how an accidental death could be construed by the DA as "murder".

[Brellium]

Burglary, if someone dies while you commit burglary or assist in commiting in a case of burglary you can be charged with that persons death in many states.

I remember a story of two men breaking into an older person's house. The home owner confronted them with a loaded 45. One of the burglars didn't think the old man had the guts or would be quick enough to pull the trigger before he got to the man. His accomplace recieved a 25 year sentence for the stupidity of his friend, when the old man pulled the trigger.

[L98Fiero]

Now, that makes more sense.

[Tijeras_Slim]

Should have had Mayor Goode plug in the lamp.