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PROVO — He described the Provo apartment building he owned as a "death trap" and "tinderbox," prosecutors say, but continued to rent it out until a tenant died when it caught fire in June.
Now, Kelly Taylor Ellis, of Draper, is facing criminal charges, including manslaughter, a second-degree felony, or in the alternative, negligent homicide, a class A misdemeanor.
"He knew the building was unsafe," Provo Fire Battalion Chief Lynn Schofield told reporters Wednesday.
Prosecutors filed the same charges against Homer Workman, who they say collected the rent and also was aware that the building — converted from a video rental store into living space — was uninhabitable by city standards.
The allegations come six months after authorities determined that 48-year-old Donna Clegg died of smoke inhalation in the home at 1455 S. State. On a Friday morning in June, crews arrived about 4:45 a.m. to find flames already shooting through the roof, fire officers said at the time.
Clegg shared the home with her former husband, who tried to save her, but fire engulfed her bedroom, Schofield said. The man managed to escape, even though outside windows were boarded and a door was blocked. He was treated for smoke inhalation.
In summertime, charges state, the two tenants used candles to light the space after Workman had the electricity shut off three days before the fire. He allegedly asked city officers "if there was a law against turning off the power if there were squatters" when he told them to cut the power.
But he never filed paperwork to evict them, city officials said. Ellis knew the building was "too high a risk to be insured" and that there were no smoke detectors inside, they added. Investigators ruled out electrical or accelerant-related causes and believe the blaze was accidentally sparked by a candle, a cigarette butt or a match in a back hallway, Schofield said.
Starting in 2012, the city of Provo told Ellis, now 65, and Workman, 69, that the building needed upgrades in order to be livable and to meet city code for a caretaker residence, which also requires a business license.
"The license was never obtained," charging documents say, but Workman moved out of the space and began renting it others. City code officers sought to work with Ellis and Workman over the years, once granting a conditional permit that required improvements, but the upgrades were never done, charges say.
A timeline released by the city Wednesday indicates that zoning officers repeatedly cited the men because they didn't have the proper permits for a business and because the home was not zoned for residential use.
Workman, reached by phone, said he won't be hiring an attorney and declined further comment. A voicemail left at a number listed for Ellis wasn't immediately returned.
After the news conference, Schofield said the pair who were charged Wednesday currently lease out two more buildings to renters on the same street.
Prosecutors say in court documents that Ellis said the building was a "death trap" and "tinderbox," but don't indicate when or to whom he made the alleged comments.
In addition to the charge of manslaughter, the landlord and property manager are charged with reckless endangerment, class A misdemeanors. They also face a number of city code violations, including not having a rental license and failing to meet health and safety standards, which are class B misdemeanors; plus violating a conditional use permit and operating a caretaker facility illegally, class C misdemeanors.
Another building Ellis owned burned down two years before the fatal fire, and also lacked smoke detectors and insurance, according to the charges.
Clegg had some health issues that may have made it difficult for her to escape, fire officers said at the time, but the main obstacle was the blocked exits, Schofield said. Her chihuahua Nikki also perished, according to her obituary.
Karleen Holland, a spokeswoman for Clegg's family, said the grandmother was fond of the holiday season but won't be able to enjoy it this year with her grandchildren — including one on the way.
"With the holidays upon us, there will be many firsts without her," Holland said. "She will be very missed."
The men are due in court Dec. 11.
Correction: An earlier version identified charges of manslaughter and negligent homicide as first-degree felonies. Manslaughter is actually a second-degree felony and negligent homicide is a class A misdemeanor.
