The trial for a fatal Sturgeon Bay bar/apartment fire is set to begin. Here's what to know.
STURGEON BAY – The trial of a man accused of starting a fire that destroyed a Sturgeon Bay bar and killed two people living above it is scheduled to begin at 8:30 a.m. Monday.
Anthony Gonzalez, 59, Sturgeon Bay, is facing eight charges related to the Feb. 22, 2022, fire, which burned down the 117-year-old building that contained Butch's Bar and 20 apartments on the second floor above the bar, nine of which were occupied at the time. The two men who died lived in the apartments above the bar, as did Gonzalez, and another resident was sent a Milwaukee burn center for treatment of his injuries.
Here's what to know about the case.
The fire and its aftermath
The case stems from Gonzalez's actions in the early morning hours of Feb. 22, 2022, when the fire erupted above Butch's Bar, 112 S. Third Ave.
According to the criminal complaint, Gonzalez told Sturgeon Bay Police Department officers that the fire started due to him 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.
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 to put it out, 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.
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. Gonzalez was arrested without incident the next day.
The building, built as a hotel in 1904 and subsequently housing fraternal organizations like the Eagles Club before becoming a tavern, was later razed.
The charges and possible penalties
Gonzalez 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. 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 possessing THC with intent to deliver in 2018.
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.
Aileen Henry, Gonzalez's attorney, entered a not guilty plea to all charges on his behalf during a preliminary hearing May 24, 2022. Gonzalez also rejected a settlement offer from the state during a Dec. 29 hearing. He continues to be held in Door County Jail on $250,000 bond, as he has been since his arrest three days after the fire.
The trial
The trial is scheduled to run for 10 days, from Monday through Friday, Jan. 22 to 26 and Jan. 29 to Feb. 2, in Door County Circuit Court Branch 1. Door County District Attorney Colleen Nordin said in a pretrial conference she doesn't think the full 10 days will be required, which Henry said was possible but she wasn't sure, so the schedule still calls for 10 days. It will be a jury trial.
The start of the trial has been pushed back several times. It originally was scheduled to start Nov. 28, 2022, but during a pretrial conference three weeks prior, Henry asked to delay it until sometime in 2023 because the defense needed more time to complete its investigation.
The start date then was reset to May 22, 2023, then Aug. 7, 2023, but the defense requested a further adjournment during a status conference last June, which resulted in the current date.
According to the case file on the Wisconsin Circuit Court Access website, the defense plans to call at least two expert witnesses, a fire investigator and a fire prevention expert. Nordin objected to the fire prevention expert as a witness but Judge Todd Ehlers ruled to allow it during the Dec. 29 hearing.
This article originally appeared on Green Bay Press-Gazette: Trial set to begin for fatal fire at Butch's Bar in Door County
