The decision whether criminal charges will be filed against the survivor of a Tucker fire that killed a mother and her two daughters is now in the hands of the Gwinnett County District Attorney.
Kathy Patterson, 36, and daughters Madelyn, 9, and Kayla, who turned 12 in January, died Feb. 9 when flames ripped through the family’s home on Pointer Ridge. Patterson’s husband, Brent, made it out of the house but said he was unable to return for his wife and daughters.
The results of the investigations by the Gwinnett fire department and medical examiner are now being reviewed by his investigators, DA Danny Porter said Thursday. Once the review is complete, Porter will determine whether to present the case to the grand jury. If it is presented to a grand jury, that would likely be more than a month from now, said Porter, who says his office is in no rush to make a decision.
“When I work on a case, I start from the premise that we have to prove him guilty beyond a reasonable doubt,” Porter said. “If we can’t, we can’t go forward.”
Just because details of how the fire started — and Brent Patterson’s ability to escape — may sound suspicious, it’s too early to say whether criminal charges are in order, Porter said.
The day after the fire, Brent Patterson said he had yelled for his family to get out of the house, but the flames were too intense for him to reach them.
“I hope to God they were asleep,” Patterson told The Atlanta Journal-Constitution. “I don’t know. I have to hope.”
Inconsistencies in Patterson's accounts of the fire prompted an in-depth investigation involving the Gwinnett fire department, DA and medical examiner. Following autopsies and extensive toxicology testing, the ME's Office ruled all three deaths accidental. But Kathy Patterson's blood alcohol content was .242 — more than three times the legal limit for those driving — the night she died in the fire with her two daughters, the medical examiner's office said in July.
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