Jason Rose

Case record: Jason Rose

Background

Jason Allen Rose was 21 at the time of sentencing and was convicted of setting the fire that killed Nicole Bingham, Helen “Yolanda” Riddle, and Jose Gonzalez and injured 17 people. Rose appeared vacant and expressed little emotion during the statements and the ruling.

Maria Gonzalez and her family reported comfort in thinking that her brother lived his life with no regrets, and they hoped that thought would ease their pain after Rose’s sentencing. Maria Gonzalez said: “He was my best friend,” and added: “Even though we have to move on, it’s not something that we can overcome in a day.” She identified her brother as Jose Gonzalez.

Rose had a troubled childhood and had been a former foster child. Rose moved out on his own to Boardwalk Apartments just weeks before the fire was set.

The offence

Rose was convicted of setting the Boardwalk Apartments fire. The fire occurred at an apartment complex described as a 76-unit building at 510-524 Fireside in northwest Lawrence, in the 500 block of Fireside Drive.

The victims who were killed in the fire were:

• Nicole Bingham (21)
• Helen “Yolanda” Riddle (33), referred to as a social worker
• Jose Gonzalez (50), referred to as an electrician

The fire injured 17 people and destroyed the three-story apartment building.

Leigh McHatton, a burn victim, ran through the fire to escape. She stated she awakened on Oct. 7, 2005, in her second-story apartment, opened her door and found her porch and railing on fire. She covered her face with a blanket, ran down the steps, tripped on the stairs, rolled to the bottom, and rolled to extinguish the flames burning her. She was airlifted to The University of Kansas Hospital, where she underwent skin grafts for burns on her face, hands and feet, and then physical therapy. McHatton lived in Denver and worked as an advocate for people with disabilities.

Investigation

Douglas County District Attorney Charles Branson addressed sentencing, and Kansas law limits how consecutive sentences may be served for multiple crimes, allowing only more than double the sentence of the most serious offense in limited circumstances. Branson stated: “You take a look at the most serious charge, “and that becomes your primary charge for sentencing purposes.”

Douglas County District Attorney Charles Branson also described the law as allowing only the doubling of the primary offense carrying the longest sentence, which Rose’s case described as the aggravated arson count.

During sentencing, District Judge Jack Murphy wondered how the tragedy could have been lessened. Murphy said:

“While I’m not saying this to lessen your responsibility … I don’t recall one person say, ‘I heard a fire alarm or a smoke alarm,’”

Murphy also stated:

“Likewise, there was one issue regarding the delay in response to the fire by the fire department. That question was unanswered (in the trial).”

The judge questioned the delay of the Lawrence Fire Department in responding to the blaze and noted that not one witness was awakened by smoke alarms during the fire.

The closest fire station was described as about six blocks southwest of the apartment complex.

Arrest

Rose was convicted and later sentenced; the record does not provide arrest details.

Trial

Rose was convicted on May 11 of setting the fire that killed Nicole Bingham, Yolanda Riddle, and Jose Gonzalez and injured 17 people. The jury stopped short of convicting him of first-degree murder.

McHatton disagreed with the verdicts, stating that jurors convicted Rose of the arson charge but found him guilty of the manslaughter charges rather than the more serious felony first-degree murder charges.

The manslaughter convictions carried a 32-month term for each conviction, while murder convictions would have carried a sentence of 20 years to life for each.

Sentencing

Jason Rose was sentenced on Monday, June 18, 2007.

Rose received the maximum term of 10 years and two months in prison.

The sentencing was described as:

• Five years and one month for the arson conviction
• A total of five years and one month for convictions on three counts of manslaughter and seven counts of aggravated battery

Douglas County District Attorney Charles Branson stated that Kansas law allows only the doubling of the primary offense carrying the longest sentence, which in Rose’s case was the aggravated arson count. Branson also said that a prison term could have been much longer, but Kansas law did not allow a person charged and convicted of multiple crimes to serve more than double the sentence of the most serious offense.

Assistant district attorney David Melton asked Murphy to sentence Rose to consecutive terms and stated: “The consequences of his actions will be felt for lifetimes,”

Rose’s attorney, Ron Evans, who represented Rose as assistant public defender, sought concurrent sentences, which would have resulted in a sentence of five years and one month.

District Judge Jack Murphy told Rose his actions were “willful and wanton,” affecting dozens of people. Murphy also praised several young Haskell University students who saved lives by waking sleeping Boardwalk residents.

Before sentencing, Leigh McHatton told District Judge Jack Murphy that for some survivors, the fire’s consequences would not end with Rose’s sentencing, and that nightmares and sleepless nights would continue. McHatton stated: “I am frightened for Jason Rose, and I am frightened for us all,” and added: “Life deserves to be protected.”

Rose declined to make a statement as the hearing drew to a close.

With time already served and the possibility of a 15 percent reduction in the sentence for good behavior, Branson stated Rose’s time to serve could be about eight or nine years. Rose had served 614 days in jail already and was eligible to receive up to 15 percent good time off his sentence; Rose could be released in another seven years.

Murphy’s sentencing included a plan that upon release from prison, Rose would undergo a three-year supervisory period.

Following Rose’s departure from the courtroom, his attorney Ron Evans signed paperwork to appeal. Evans declined further comment.

Appeals

Ron Evans signed paperwork to appeal after sentencing, and he declined further comment.

Outcome

Rose was sentenced to the maximum term of 10 years and two months in prison for three counts of involuntary manslaughter, one count of aggravated arson, and seven counts of aggravated battery.

Aftermath

Maria Gonzalez and her family questioned the adequacy of punishment and planned to move on after the sentencing. Maria Gonzalez made a statement that she said was meant to support her brother’s memory and asked for forgiveness. Maria Gonzalez stated:

“As for you, Jason Rose, may God forgive you for what you have done.”

Leigh McHatton, who survived the blaze and received skin grafts, stated she disagreed with the verdicts and described the long-term impact on survivors, including nightmares and sleepless nights.

Nancy Bingham provided a statement, addressing Nicole. She stated:

“I felt that the trial had the victims just as statistics; they weren’t really people,”

Nancy Bingham stated:

“Her life is significant and I want you to know her,”

After sentencing, she said:

“They got the maximum sentence that they could get,”

She also stated:

“Because I didn’t really have any expectations, I can’t really say that I was surprised. I think it makes sense that the judge would give him the maximum, just because of the severity of the damage.”

In describing motherhood and her daughter, Nancy Bingham stated:

“Moms are supposed to protect their children and not let anything happen to them,”

She added:

“In reality, that is not always possible.”

Nancy Bingham also stated that in a conversation with Nicole a year before the blaze, Nicole had told her:

“Mom, you can never die,”

Nancy Bingham reported Nicole said:

“No, no. You can never die. I couldn’t take care of myself.”

Nancy Bingham told the court:

“I don’t know if I can take care of myself, either,”
“I would never want her to feel this.”

The record described that Nicole Bingham overcame a heart problem and surgery, including the threat of dying at any time due to another heart problem and typical ups and downs of a teen. Her mother said Nicole was loyal to her friends and lived her life with passion. Nicole’s mother ended with:

“Nicole, I love you so much,”

The record also described that during the trial, the only pictures jurors were permitted to see of the victims were of their charred remains.

Rose’s sentencing process involved statements from victims’ relatives, emotional remarks, and Judge Jack Murphy’s comments about fire alarm/smoke alarm issues and delay in response by the fire department.

Timeline

• Oct. 7, 2005 — Leigh McHatton awakened in her second-story apartment at Boardwalk Apartments, opened her door and found her porch and railing on fire; the blaze killed three neighbors and injured more than seven others and destroyed the three-story apartment building.
• May 11, 2007 — Rose was convicted of setting the fire that killed Nicole Bingham, Yolanda Riddle, and Jose Gonzalez and injured 17 people; the jury stopped short of convicting him of first-degree murder.
• June 18, 2007 — Jason Rose was sentenced to 10 years and two months in prison for three counts of involuntary manslaughter, one count of aggravated arson, and seven counts of aggravated battery.
• June 19, 2007 — The sentencing was discussed in reporting about victims and relatives questioning whether the punishment was adequate.