Pueblo landlord pleads guilty, sentenced to probation for negligent homicide
A Pueblo man pleaded guilty Monday to one count of criminally negligent homicide in a house fire that killed three people in March 2021.
In exchange for his plea, two additional counts of negligent homicide levied against Mark Balfour, the landlord of the property in the 1200 block of West 15th Street where the fire occurred, were dropped by the 10th Judicial District Attorney's Office.
Balfour was sentenced to three years of supervised probation with the condition that any home in which he leases rooms in the future will need to be inspected by county officials to ensure they meet code.
Balfour did not start the fatal fire but was charged with negligent homicide due to multiple code violations found in the house by an investigator, including failure to obtain permits for work he performed on the house and a lack of exits in all rooms to allow people to escape in the event of fire.
He originally was charged with three counts of negligent homicide, while his co-defendant, Josey Spets, was charged with three counts of reckless manslaughter and one count of arson.
Priscilla Mitchell, Shawna Walsh and Thomas Ortega died as a result of the fire. Walsh and Brown died of smoke inhalation and had signs of heavy carbon monoxide poisoning. Ortega died in a hospital nearly two weeks later due to complications of smoke inhalation.
According to Walsh's fiancé, Shawn Baker, who was a friend of Spets, the fire started when Spets grabbed a bottle of alcohol and sprayed it on the floor of his room. He ignited it with a small handheld torch before dumping camping fuel on the ignited alcohol. The fire spread instantly, catching Spets and Baker on fire.
It then spread through the house, fully engulfing the structure.
In court Monday, Balfour stated he was "deeply affected" by the deaths of the three victims, and was unaware that Mitchell and Walsh were present in the basement room when the fire began.
"Sometimes being a survivor of these things is not the best outcome," he said. "This was one of the worst tragedies of my life. If I'd known they were down there, I wouldn't have left."
Balfour stated that in his mind, he had been simply trying to help people by giving them a place to stay when they otherwise would have been living on the street, although he admitted he "probably let things continue that he shouldn't have."
Balfour told investigators he was aware many of his residents used drugs, and that the house had been referred to as a "trap house" where drug users could go to use drugs, according to an affidavit authored by police.
District Court Judge Thomas Flesher told Balfour he viewed the incident as the result of a choice made by Balfour, and stated that it could not happen again.
"Sometimes accidents happen, Mr. Balfour, but if you'd been doing what you were supposed to be doing, I have a feeling that maybe it wouldn't have happened," Flesher said.
Spets pleaded guilty in April 2022 to one count of reckless manslaughter in a plea deal. He was sentenced to six years in the department of corrections, and ordered to serve a term of three years of parole upon his release.
During court proceedings, Spets admitted to starting a fire in the basement of the house when he lit a can of camping fuel and the fire "got out of control" and spilled onto the floor, spreading until it engulfed the entire structure, he told the court.
Questions, comments, or story tips? Contact Justin at jreutterma@gannett.com. Follow him on Twitter @jayreutter1.
This article originally appeared on The Pueblo Chieftain: Pueblo man pleads guilty to negligent homicide, sentenced to probation
