DA: Arson-Related Heart Attacks are Murder
Five men were victims of heart attacks during the 2003 blaze that swept through the foothills of San Bernadino, including 70-year-old James McDermith. McDermith was a church deacon who was camping when he noticed smoke, attempting to pack together his things, and suffered a fatal heart attack. Prosecutors charged the suspected arsonist this week with five counts first-degree murder, which could set a new standard for fatalities in arson cases in the future.
Under state law, any death that occurs during the commission of a felony, including arson, can be charged as first-degree murder – but a conviction will hinge on how much time elapsed between the crime and the death and if any other factors contributed.
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