Man facing homicide charges in Sturgeon Bay bar fire is bound over for trial
STURGEON BAY – A 57-year-old man was bound over for a jury trial on eight charges related to a fire that burned down a historic downtown Sturgeon Bay bar, killed two people residing above the bar and sent another to a Milwaukee burn center.
Anthony Gonzalez of Sturgeon Bay faces two counts of second-degree reckless homicide, five counts of second-degree recklessly endangering safety and one count of negligent handling of a burning material in the blaze that destroyed Butch's Bar, 112 S. Third Ave. All are felonies except the negligent handling charge, a misdemeanor, and all charges also carry a repeater modifier because of previous felony convictions against Gonzalez for manufacturing and possession with intent to deliver THC in 2018.
In a preliminary hearing Tuesday in Door County Circuit Court, Judge Todd Ehlers determined probable cause existed to try Gonzalez on the charges. Aileen Henry, Gonzalez' attorney, then waived a reading of information and pleaded not guilty to all counts on his behalf.
The trial is tentatively set to begin Nov. 28. Gonzalez will continue to be held in Door County Jail on $250,000 bond, at least until a status conference scheduled for July 14.
If convicted, Gonzalez could face sentences of up to 25 years in prison and a $100,000 fine on each of the reckless homicide charges, up to 10 years in prison and $25,000 fines on each of the endangering safety charges, and nine months and a $10,000 fine for the negligent handling charge. The repeater modifiers could add as much as an extra six years imprisonment for each homicide charge, four years for each endangering charge and two years for the handling charge.
The only witness who testified in Tuesday's hearing was Luke Deibele, a sergeant investigator with the Sturgeon Bay Police Department who worked with agents from the Wisconsin Department of Justice's Division of Criminal Investigation on the case.
Under questioning by District Attorney Colleen Nordin, Deibele said he reviewed reports and body camera footage from Officer Jacob Jagielski and Sgt. Kyle Engebose, who responded to the fire call from the police department, and interviewed Gonzalez along with DCI special agent and fire marshal Matt Anderson.
According to Deibele, Gonzalez told him and Anderson that he returned to his apartment above Butch's around 12:45 a.m. the morning of the fire. About 20 one-room apartments were available for rent above the bar, and nine of them were rented out at the time of the fire.
Gonzalez told investigators he fell asleep on his bed while watching TV early in the morning of the fire, then woke up and wanted to smoke a cigarette.
RELATED: 'It's sad': Butch's Bar fire creates a loss to Sturgeon Bay history, the music scene and community
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Gonzalez said he tried to fill a brand new lighter with lighter fluid while laying on his bed but didn't properly line up the butane bottle with the lighter because he was a little groggy from just waking up, was laying down instead of standing up, and couldn't see well because there was just one light on in the room, similar to a black light, Deibele said.
Deibele said Gonzalez told him the butane sprayed all over for 15 to 30 seconds, getting on his hands and the corner of his mattress, before he was able to get the lighter to fill properly. Gonzalez then tried to use the lighter, which struck fire on the second try and set his hands and the mattress on fire.
Gonzalez first used a pillow to try to put out the fire, then a fire extinguisher on the wall of his apartment, Deibele testified. Gonzalez said he thought he had extinguished the fire but then noticed smoke coming through the ceiling.
He then left his room, yelled for someone to call 911 and pounded on the door of another tenant. That tenant also tried using a fire extinguisher on the blaze, but the room grew too hot and both left the building.
Gonzalez told investigators he wasn't under the influence of alcohol or narcotics at the time, but Deibele said Gonzalez admitted he could have been more careful about trying to fill his lighter.
"He stated he was not coherent ... shouldn't have been lazy about (filling the lighter)," Deibele said. "He stated he wasn't using his head."
Under cross-examination by Henry, Deibele said Gonzalez never said he set the fire intentionally, that Gonzelez alerted other residents of the apartments about the fire, and that he was cooperative with law enforcement and investigators.
Sturgeon Bay firefighters saw one body in the rubble late in the morning of the fire but weren't able to retrieve it until the next day because of the condition of the building, which had its roof and second floor collapse. A second body was found in the rubble two days after the fire, Feb. 24.
The building, built as a hotel in 1904 and subsequently housing fraternal organizations like the Eagles Club before becoming a tavern, was later razed.
Contact Christopher Clough at 920-741-7952, 920-562-8900 or cclough@doorcountyadvocate.com.
This article originally appeared on Green Bay Press-Gazette: Man facing homicide charges in Sturgeon Bay bar fire is going to trial
