2014 — Nov 1, rooming house fire, Portland (landlord charged with manslaughter) — 6

–6  Badger. “Catastrophic Multiple-Death Fires in 2014.” NFPA Journal, Sep/Oct 2015, p. 77.

–6  Gallagher. “Landlord charged in deadly Noyes Street fire…” Portland Press Herald, 9-8-2016.

 

Narrative Information

 

Badger/NFPA: “Maine…November, 7:17 a.m., six [deaths]…This was a three-story rooming house of unprotected wood-frame construction….There were at least eight occupants in the building at the time of the fire…There were smoke alarms present and they operated….This fire broke out on a porch due to careless use of smoking materials near a plastic cigarette butt container. The fire spread upward through the structure to the attic where it burned the roof…The fire blocked the egress from the second and third floors. There were no fire stops within the roof structure, allowing the fire to spread horizontally from end to end.”

 

Gallagher/Portland Press Herald, Sep 9, 2016: “A Portland landlord who pleaded not guilty to manslaughter charges stemming from the most deadly fire in Maine in 40 years[1] has waived his right to a jury trial. Gregory Nisbet was indicted on six counts of manslaughter in the wake of the Nov. 1, 2014, fire that killed six people. Nisbet has been accused in lawsuits filed by victims’ families of offering individual rooms for rent at the duplex at 20-24 Noyes St. without making the life-safety upgrades that are required to protect tenants in a rooming house.

 

“Nisbet’s lawyer, Matthew Nichols, said a judge granted the request for a bench trial on Aug. 31. The trial, which Nichols estimated would take five to seven days, is set to begin Oct. 3 before Cumberland County Superior Court Justice Thomas Warren. A person is guilty of manslaughter if he recklessly or with criminal negligence causes the death of another person. It is a Class A crime punishable by up to 30 years in prison and a $50,000 fine. If Nisbet is convicted, it would be the first time in Maine that a landlord was successfully prosecuted for manslaughter in the death of a tenant because of negligent operation of the building.

 

“Nichols said Nisbet requested the bench trial, which means the case will be heard by a judge, because of the complexity and because much of the case will revolve around arguments about the legal definition of whether 20-24 Noyes St. was a rooming house or a duplex, which have different fire safety requirements. After those issues are settled, the case will move on to address the manslaughter charge….

 

“The cause of the Noyes Street fire was found to be accidental – a discarded cigarette ignited a fire on the front porch. However, fire investigators concluded that the house did not have functioning smoke detectors, let alone the more sophisticated fire alarm system that would be required of a rooming house.

 

“Marchese[2] has said he state believes ‘Nisbet failed to be aware or consciously disregarded all of the problems with the apartment building,” and noted that other states, including New York and Rhode Island, have successfully prosecuted similar cases.

 

“Fire officials said the fire started on the porch and quickly engulfed the front door. A rear staircase was blocked, forcing the three survivors to jump from second-story windows.

 

“The fire killed Steven Summers, 29, of Rockland, Maelisha Jackson, 23, of Topsham, and Christopher Conlee, 25, of Portland, who were visiting the house, and David Bragdon Jr., 27, Ashley Thomas, 29, and Nicole Finlay, 26, who were residents.

 

“In the wake of the fire, the city toughened its inspection requirements for apartments in Portland and created an office specifically to oversee rental units. Every Portland landlord also is now required to register with the city and pay a $35-per-unit fee, or face a fine of $100 per day. Previously, city firefighters had only been conducting proactive inspections of businesses and apartment buildings containing three or more units. However, nearly half of the city’s rental units are two-family homes like the one at 20-24 Noyes St….

 

“A conviction would not necessarily require Nisbet to go to prison, but the state will push for that, officials said.

 

“A Cumberland County grand jury indicted him July 10 after plea negotiations between Nichols and the office of Cumberland County District Attorney Stephanie Anderson collapsed when Nisbet refused to agree to a manslaughter plea. Anderson’s office had given Nisbet a chance to plead to fewer counts of manslaughter and would have recommended a lesser punishment than what he could face if convicted in court.”

Sources

 

Badger, Stephen G. “Catastrophic Multiple-Death Fires in 2014.” NFPA [National Fire Protection Association] Journal, Sep/Oct 2015, pp. 71-79.

 

Gallagher, Noel K. “Landlord charged in deadly Noyes Street fire waives his right to jury trial,” Portland Press Herald, 9-8-2016. Accessed 10-3-2016 at: http://www.centralmaine.com/2016/09/08/landlord-in-deadly-noyes-street-fire-waives-right-to-jury-trial/

 

 

 

[1] Eight died in a shanty family residence fire in Oxford, July 4, 1967.

[2] Maine Deputy Attorney General Lisa Marchese.