People v. Arzon

Supreme Court of New York (1978)

Defendant: Arzon, the defendant started a fire on the fifth floor of an abandoned building. The firefighters who responded tried to make it to the fifth floor but the fire was really intense and while they were evacuating, smoke from a second fire on the second floor of the building created extreme dangerous situation for the firefighters from which one of the firemen died. There was no evidence that the defendant was the one who was responsible for the fire on the second floor. The defendant was convicted with second degree murder and now the defendant appeals and argues tha it was the second floor fire which contributed to the death of the fireman and he should not be held responsible.

Issue: 1. Did the actions of the defendant cause the death of the victim? 2. Was the death foreseeable to the defendant?

Holding: 1. Yes, 2. Yes

Legal Reasoning: The court used People v. Kibbe, where the defendants were convicted for the murder of an intoxicated man whom the defendants robbed and left abandoned at the side of a road and a truck eventually hit the victim and caused his death. The court ruled that the a defendant's act does not have to be the direct cause of the victim's death in order to hold the defendant liable. The court stated that if the defendant's act starts a chain of events which lead to the death of the victim, then the defendant can be heald liable. So the court reasoned that had the defendant no set fire on the fifth floor of the building, the firefighters were never going to be present at building where a second fire killed one of the firefighters. The court also ruled that it was foreseeable for the defendant that the firefighters will respond to his fire and they will be put in great danger. So the defendant's motion to dismiss was denied and the conviction stood.

BACK