State, defense at odds over what's to blame for fatalities in fatal Sturgeon Bay bar fire

STURGEON BAY - As the reckless homicide trial got underway Monday involving the 2022 fire at Butch's Bar, the attorneys directed their blame in different directions during their opening statements.

The state said the cause of the fire in downtown Sturgeon Bay was the man's recklessness, which warrants the charges, while the defense said the fire would have been relatively minor if the building had proper fire safety equipment.

Anthony Gonzalez, 59, of Sturgeon Bay, faces seven charges related to the Feb. 22, 2022, fire, which burned down the 117-year-old building that contained the tavern and 20 dormitory-size apartments on the second floor above the bar, nine of which were occupied at the time.

The two men who died, Victor L. Jurss and Gary M. Heise, lived in the apartments above the bar, as did Gonzalez, while five other residents were injured, one of them sent to a Milwaukee burn center for treatment.

Gonzalez faces two counts of second-degree reckless homicide and five counts of second-degree recklessly endangering safety, all felonies. He also had been charged with one count of negligent handling of a burning material, a misdemeanor, but that was dropped shortly before the trial began.

According to the criminal complaint, Gonzalez told Sturgeon Bay Police Department officers responding to the fire that he was trying to fill a torch-style lighter with butane so he could light a cigarette. He told investigators 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. He then tried to use the lighter, which struck fire on the second try and set his hands and the mattress on fire.

Door County District Attorney Colleen Nordin said in her opening statement she intends to prove that while was the fire was accidental, Gonzalez was criminally reckless in his actions that morning, notably by having the butane spray around that long and then using the lighter, directly leading to the deaths and injuries that resulted.

"It's the actions in that room I'm asking you to focus on," Nordin said. "What I believe the key issue in the trial is, there were two deaths as a result of Mr. Gonzalez's actions. … What is not in question is, it was the fire that caused those deaths. … Focus on the actions of Mr. Gonzalez, whether they were criminally reckless and whether that caused the deaths of two men."

In her opening, defense attorney Aileen Henry said Gonzalez started the fire by accident but shouldn't be held responsible for the deaths and injuries, that they happened because of the condition of the building and what she said was a lack of fire safety equipment. She also pointed out that Gonzalez tried to put out the fire and was knocking on the doors of other residents in an effort to get them out of the building.

According to the complaint, Gonzalez told investigators he tried to extinguish the fire but wasn't able to, 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, and Gonzalez said he tried again, but the room grew too hot and both left the building.

"The evidence is absolutely going to show there were so many problems with that building," Henry said. "There were minimal safety precautions, people in the rooms heard nothing. … If the building was in proper condition, all we would have had is a fire limited to one room."

One of the first day's two witnesses, Gary McCoy Sr., was a resident who had to be rescued after hanging out a window yelling for help because he couldn't open his door. He testified by Zoom from his current residence in Illinois.

Under examination from Nordin, McCoy said he'd lived in the building for about a year – it was the third time he'd resided there – and heard smoke and fire alarms in the past, before the morning of the fire. He said he heard something the morning of the fire that sounded like a fire alarm, but he wasn't sure. McCoy said he tried to escape through the door but found he couldn't open it more than 3 or 4 inches, adding so much smoke and heat existed that he didn't think he could have left that route anyway.

Under cross-examination from Henry, McCoy said residents were allowed to smoke in the rooms and have items such as hot plates or space heaters. He said the room didn't have a fire extinguisher but had a smoke detector, which wasn't working in his room. One fire extinguisher was in the main hallway, he testified.

McCoy testified trash cans were placed in the main hallway, and some larger trash items were occasionally disposed there, but later added that owner Clarence Cumber had someone take out the trash weekly and remove the larger items once they started accumulating. He also said the halls had lit exit signs.

The trial is scheduled for 10 days in Door County Circuit Court Branch 1, Mondays through Fridays through Feb. 2, but it is anticipated it could conclude by the end of the week or early next week.

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, and up to 10 years in prison and $25,000 fines on each of the endangering safety charges.

Contact Christopher Clough at 920-562-8900 or cclough@doorcountyadvocate.com.

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This article originally appeared on Green Bay Press-Gazette: State, defense disagree on blame in Sturgeon Bay Butch's Bar fire