YNN

Rochester

Change region

  28º

02/08/2010 09:21 PM

Jury Finds Allen Guilty on Lesser Charge

By: Scott Patterson

  To view our videos, you need to
enable JavaScript. Learn how.
install Adobe Flash 9 or above. Install now.

Then come back here and refresh the page.

Guilty on a lesser charge for a Rochester mother, whose kids were burned in a fire after she left them home alone. Jurors acquitted Nicole Allen of a manslaughter charge, but found her guilty of criminally negligent homicide.

There was joyful relief outside the courtroom Monday evening. Some of Nicole Allen's family members had to be removed from the courtroom after shouting out in joy when the jury forewoman said "not guilty" on the charge of manslaughter.

"God is good, that's all I have to say," said one family member.

The jury did find Allen guilty of criminally negligent homicide, assigning some responsibility in the death of Kamari, 3. She and her young siblings, Dayveion and Natalya, were trapped in an apartment as flames swept through nearly a year and a half ago while Allen was at a store.

All three kids suffered horrific burns and Kamari later died.

"Yes she did make a dumb mistake by leaving, going to the store," said Shonda Hannah, Allen's godmother.

Family members lashed out at the judge and prosecutors for even presenting the more serious manslaughter charge.

"She should not have been judged by twelve jurors of a manslaughter charge," said Hannah. "That's ridiculous."

"She was never arrested," said Assistant District Attorney Paul Irving. "We never charged her."

Irving said the case was simply put before a grand jury.

"That's why it was handled this way so that 23 people from this community could decide what to charge her with," said Irving.

Allen could have faced five to 15 years for manslaughter. Instead she faces anywhere from probation to one-and-a-third to four years in jail.

"It's over with with a result that I don't consider to be a victory," said Defense Attorney Dianne Russell. I consider it to be the way this case should have started from the beginning."

Members of the Rochester Fire Department were in the courtroom for the verdict, including Chief John Caufield, who saw the kids as they were pulled from building.

"You could not help but have an emotional reaction when you get to see these young children that have these horrific injuries and they're going to have them for the rest of their lives," said Caufield.

Allen remains in jail until her sentencing February 23. Her two surviving kids are staying with a foster family. Allen's family members have been allowed to visit and say the kids are doing remarkably well given their injuries.