The architect who designed a house where a Los Angles firefighter died was recently charged with one count of involuntary manslaughter, the Los Angeles Times is reporting.
Under California law, criminal cases involving death are treated differently. While many in the public believe that every situation involving a death is murder, that's not the case. A murder charge is reserved for instances where death was intentional.
As Los Angeles Criminal Defense Attorney Vincent Howard has pointed out to many jurors, murder and manslaughter are very different. The law says they're different, and as such, the penalties vary.
In a Los Angeles murder case, a defendant can be sent to prison for decades, life or even executed by lethal injection. That is the most serious form of the crime on the books. But the state must have a wealth of proof to show that a person is guilty of this crime, as in any crime.
Manslaughter is different, though. This is a situation where a person does die, but the person who may be responsible didn't intentionally commit the crime. Homicide, by legal definition, is the death of a person by another person. So, a decedent's manner of death can be ruled homicide, but the cause may be accidental.
That's why manslaughter cases in Los Angeles can be tough to prove. In the experience of Los Angeles Criminal Defense Attorney Vincent Howard, many times there is a fine line between accident and criminal. While the state -- and the victim's family -- may want answers and criminal charges, that's not always the wisest choice.
While some prosecutors don't understand the notion, accidents do happen. Car accidents happen. Even if a person was driving five miles over the speed limit and caused a fatal accident, it doesn't mean they should be charged criminally as well. They're already feeling guilty. The same could be said for two teens who get into a fist fight and one throws a punch so hard it kills the other, or knocks them to the ground and leads to a bizarre side effect that is deadly.
Under California Penal Code 192, manslaughter is the unlawful killing of another human being without malice. Voluntary manslaughter is a sudden, heat-of-passion death. Involuntary manslaughter in California is an act done without caution and circumspection, either lawful or unlawful, that causes death.
In this case, the firefighter was part of a team that entered the architect's home in 2011 after it was on fire. They battled the blaze, which was moving across the attic. Authorities allege that the architect had built an 18-foot "fire trough" -- an oversized fire pit -- through the home, even though some had warned him of potential dangers of this feature.
While battling the blaze, the ceiling collapsed and killed the firefighter. Five other firefighters were injured as the fire moved up the walls and into the ceiling of the home.
After a year-long police investigation, authorities concluded that despite plastic water sprinkler pipes in place, the fire melted them, causing water to build up in the insulation. That was a factor in why the ceiling collapsed.
But what Los Angeles Criminal Defense Attorney Vincent Howard questions is how a flaw in a building could lead to manslaughter charges? Firefighters are paid to go into dangerous situations. If the architect built the house based on his experience and knowledge, but there was an unknown flaw, how could he have prevented it in advance?
If you or a loved one would like to speak to a criminal defense attorney in Los Angeles or in any of the surrounding areas, contact HOWARD LAW PC for a confidential appointment to discuss your rights. Call 1-800-872-5925.
More Blog Entries:
Body Parts Case: Police Must Have Strong Evidence in Los Angeles Murder Cases: January 31, 2012
Additional Resources:
Architect who designed and built home charged in firefighter death, by Richard Winton and Andrew Blankstein, Los Angeles Times
