436 Mass. 443 (2001)
Defendants had been residing in an abandoned warehouse. The evidence indicated they accidentally started a fire. As the fire quickly increased in size, they abandoned their pets and left the warehouse. Despite the fact that they had a cell phone and passed by several pay phones, they failed to notify anyone of the fire. As a result of their failure to notify the authorities, the fire became much more dangerous and six firefighters were killed.
- The supreme court held that where a defendant's failure to exercise reasonable care to prevent the risk he created was reckless and resulted in death, the defendant could be convicted of involuntary manslaughter.
- The Commonwealth presented sufficient evidence to allow a grand jury to conclude that defendants' choice not to report the fire was intentional and reckless.
- There was no possibility that the grand jurors were confused as to the Commonwealth's theory of manslaughter.
- Defendants were charged with involuntary manslaughter based on their neglect of a duty to report the fire.
The decision of the trial court was reversed.
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