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People v. Arzon | 401 N.Y.S.2d 156 (1978)
Most American jurisdictions recognize a form of homicide called depraved-indifference homicide. But what does depraved indifference mean? A New York trial court considered that question in People versus Arzon.
Nelson Arzon knew that squatters inhabited a wood-framed abandoned building when he set fire to a couch on the fifth floor. The New York Fire Department responded, but the fire had spread to the building’s fifth and sixth floors and couldn’t be controlled. Firefighters tried to evacuate but were engulfed in dense smoke that was later discovered to have come from a separate fire on the second floor that Arzon didn’t start. Firefighter Martin Celic was injured and later died of his injuries.
Arzon was subsequently indicted for arson and second-degree, depraved-indifference murder. He then moved to dismiss the indictment, arguing that the fire he set wasn’t the cause of Celic’s death.
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