Woman pleads guilty to starting fire that killed Lynner

SALEM – A Salem woman has admitted she smoked a cigarette near her oxygen tank before a fire broke out, fatally killing the disabled homeowner on Boston Street in Salem in 2004.Deborah J. Borella, 54, of 179 Boston St., Salem, appeared for trial Monday in Salem Superior Court, but instead opted to plead guilty to a charge of involuntary manslaughter in connection with the death of 39-year-old Theresa Reynolds on March 27, 2004.She will be sentenced Wednesday, but in the meantime remains free on $400 cash bail.Judge David A. Lowy said he will sentence Borella to a split term of 2 and one-half years in jail, with all but a year to serve and three years of probation.However, he also will recommend to the Sheriff that Borella, who continues to be on oxygen, serve the jail term in Hampton County because of their medical infirmary and that she only serve three months and then be on house arrest afterwards because of her medical issues.Borella, who showed no emotion during the hearing, suffers from emphysema and chronic obstructed pulmonary disorder. She is on oxygen tanks 24 hours a day, according to her attorney Mark Schmidt.”What she got today is not fair,” said Reynolds’ sister, Billie Sprague of Lynn, who obviously was very upset with the penalty that will be imposed on Borella.The punishment is far less than the two years in jail asked by Assistant District Attorney Jessica P. Connors, who said that Borella “had been educated and knew the dangers of smoking near oxygen tanks, and had denied smoking near the tanks.”Connors said at 5:30 a.m., Salem firefighters arrived at 122 Boston St., and flames were already high above the garage converted to an apartment.Five of the people in the building, including an 8-year-old boy, escaped with relatively minor injuries, but Reynolds did not.Firefighters found Reynolds, who was disabled, unconscious on the bathroom floor. She was taken to Salem Hospital where she was pronounced dead at 6:30 a.m. from thermal injury of her upper extremities and soot inhalation, said Connors.State Fire Marshall Detective Paul Zipper investigating the case learned that Borella had two stationary liquid oxygen tanks near where she slept on a couch in the front room of the apartment. It was about 4:45 a.m., when she awoke, took off her oxygen mask and lit a cigarette. The tanks ignited and engulfed the bed and the apartment.Borella exited the front door while her boyfriend, Edward Duvall, grabbed the 8-year-old boy and escaped from the burning building.”Despite the warnings and dangers, she smoked near the oxygen tanks, resulting in the death of Reynolds,” Connors emphasized.At the time of the fire, Borella was a guest in Reynold’s home.”She took her in,” Sprague told Lowy, adding, “That is the kind of person she was. She was the best sister, most loving person, daughter and wife. She’s not here today and the woman that did it (is). It’s just like a slap.”Sprague told Lowy she brought her 16-year-old daughter with her to see “how justice works,” while saying to Lowy “she’s only going to serve six months. It is heartbreaking,” Sprague said sobbing.Schmidt pointed out that Borella has told him on a number of occasions what Reynolds did for her and that she is heartbroken and had no active intent to hurt and it “was an accident.””This is a terrible, gut wrenching event for all concerned,” Schmidt said as he asked for a suspended sentence with probation.Lowy thanked the family of the victim for their caring, their anguish and the impact the unnecessary death has caused on the family, because of wanton and reckless conduct of Borella, but noted her serious health issues.Connors asked the judge to impose provisions that Borella not smoke and she be evaluated for drug treatment when released. Connors said that Borella currently lives in a multi-family home and there are concerns.Lowy said he will retain jurisdiction over the case.Sprague said she will continue to fight to create a bill to hold smokers who use oxygen t