What's next for boy who started fire?
It's a tragedy that has no easy answers. The McClellan Street fire that took the lives of 2-year-old Sylvia Noxon and her grandmother Charlene Parker, leaving her 4-year-old sister Julia fighting for her life, is now known to have been caused by the little girl's brother. The boy is so young he cannot be charged with a crime, and authorities say he didn't mean to hurt anyone. So where does a family go from here? Our Sabina Kuriakose has more on the wounds that won't soon heal for the fire's survivors.
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SCHENECTADY, N.Y. -- Days after a fatal fire on McClellan Street, the tragedy continues with news the flames that took the lives of Sylvia Noxon, 2, and her grandmother, were set by the little girl's brother.
"The question comes back to was this a crime with intent to harm," said legal expert Barbara King.
Police are not releasing the identity of the boy, but they say that because he is under the age of 13, he cannot be charged as an adult under the law. Still, King says it's possible to charge him as a juvenile.
"The New York State juvenile delinquency laws say that you can't charge a child younger than 7 or older than 13 with juvenile delinquency," King said.
Police believe that while the child deliberately set the fire, he did not intend to hurt anyone. That makes all the difference in the world.
"If it was an accident, then there's no criminal intent. You have to actually get into the mind or the circumstances to find out did this child deliberately do this," said King.
"The family will be processing these losses, and they will be processing issues of responsibility, and they will be wrestling with those questions probably for the rest of their lives," said Dr. Rudy Nydegger, a clinical psychologist.
While there may be no legal consequences, Nydegger says this is something the child will be dealing with forever.
"The impact might actually be more significant several years down the road," he said.
Both experts agree, the best thing now is counseling for the boy and his family.
"Something of this level of severity and magnitude often does need some kind of professional intervention because it is complicated and it is serious, and it is the kind of thing that can mark someone's life for the rest of their life," said Nydegger.
Another sibling injured in the fire, Julia Sharkey, 4, remains in critical condition at the burn unit of Westchester Medical Center.