Pang To Return, But Not To Murder Charges Brazil Court Imposes Limits As It Oks Extradition Of Warehouse Fire Suspect

The Supreme Court of Brazil on Monday ordered Martin Pang extradited to face an arson charge in a warehouse fire that killed four Seattle firefighters, but said he can’t be tried for murder.

King County Prosecutor Norm Maleng said he would press for a life sentence if Pang is convicted of setting the Jan. 5 fire at his parents’ frozen-food processing business.

“We are certainly disappointed that the court has limited the appropriate label that can be applied to this case,” Maleng said. “This case cries out for an exceptional sentence. We will seek the equivalent of a life term upon conviction for this crime.”

John Henry Browne, Pang’s lawyer, said the ruling was a relief and went as he had expected.

“Martin has been wanting to come back for awhile, and we’re glad that this is now resolved,” the lawyer said. “We’re going to basically contest the allegations.”

Browne said he had no plans to negotiate a plea agreement.

No one in Washington state has ever been sentenced to life in prison for arson, he added.

Pang, 40, of the Seattle and Los Angeles areas, was arrested last spring in the beach-side neighborhood of Ipanema in Rio de Janeiro. He was in custody at a federal detention center in Rio and could not be reached for comment.

The actor and ex-restaurateur initially was charged with four counts of first-degree murder in addition to first-degree arson. In Brazil and most other countries, defendants cannot be charged with murder in arson cases unless the fire was intended to kill someone. Pang has never been accused of intending to kill anyone.

The maximum sentence for first-degree arson is life in prison, although the standard sentencing range for someone without a prior conviction is 21 to 27 months, Maleng said.

The first-degree murder charges would carry prison terms of 20 years to life, and would have been served concurrently.

Maleng said Pang would be returned within 60 days. Browne said it would probably be within two weeks.

Pang fled to Brazil after the fire at the Mary Pang Food Products warehouse, which prosecutors say was set to profit from an insurance payoff. The four firefighters died when the floor collapsed beneath them.

Pang has been jailed in Brazil since March.

Maleng said additional charges were possible, but he did not elaborate.

“We are not in this case going to exclude any options,” he said. “In the ultimate, justice is going to be done and we are going to have a very, very long sentence.”

Brown said U.S. and international law would bar Maleng from bringing any charge other than what was sought in the extradition warrant and allowed by the Brazilian court.

If Pang is found to have set the fire, his sentence may be mitigated by the extent to which Fire Department negligence can be linked to the deaths, Browne said.

Investigators from the state Department of Labor and Industries found the department committed three willful, five serious and four general safety violations in the fire.

Pang’s bail has been set at $5 million pending Superior Court trial, which Browne predicted would be in June or July.

Fire Department spokeswoman Georgia Taylor said firefighters are disappointed Pang won’t face murder charges, but “we are happy that he’s being returned.”

MEMO: Cut in Spokane edition