Commonwealth v. Levesque
Massachusetts Supreme Judicial Court
436 Mass. 443 (2001)
Levesque and Barnes (defendants), squatting in a vacant warehouse, accidentally started a fire with a knocked-over candle, unsuccessfully tried to extinguish it, then fled without ever reporting the fire despite multiple opportunities; two hours later a passerby reported it, and six firefighters were killed searching the building for occupants the defendants never disclosed were absent. The motion judge dismissed involuntary manslaughter charges, reasoning the defendants had no duty to report an accidentally started fire, and the Commonwealth appealed.
Whether, in Massachusetts, a defendant may be indicted for involuntary manslaughter if he fails to exercise reasonable care to prevent a risk of harm or death and death results.