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Woman Found Not Guilty, Insane In Fatal Fire

Mary Smith Temporarily Set To Elgin Mental Health Center

CHICAGO (CBS) ― A homeless woman has been found not guilty by reason of insanity in a fire that left four people dead in a Wrigleyville apartment building.

Mary Smith was sent to the Elgin State Mental Health Facility for mental evaluation, and will return to court June 10 where her treatment plan will be announced, according to the Cook County State's Attorney's office.

CBS 2's Derrick Blakley reports the building at Addison and Fremont still bears the scars of the horrible arson that claimed four lives. And as neighborhood residents arrived home Friday night, they reflected on the verdict that means no one will ever be punished.

"It's upsetting because it was a tragedy and a terrible loss of life but at the same time when you hear the story about exactly what happened, it doesn't sound as though she was in her right mind," said area resident Mike Dougherty.

A criminal court judge Friday ruled 51-year-old Mary Smith, not guilty by reason of insanity and transferred her to mental facility.

Smith was charged with 12 counts of first-degree murder, five counts of aggravated arson, two counts of arson and one count of aggravated battery for allegedly setting a fire in the stairwell of the building at 3553 N. Fremont St., on March 10, 2007.

Smith, who was homeless, was no stranger to the neighborhood.

"I used to see her up at Caribou Coffee, trying to get a handout, barefooted all the time, in the winter, even..." said area resident George Chappas.

And Smith was barefoot when police arrested a year ago last March following the fire that claimed the lives of 24-year-old Jennifer Carlson, 23-year-old Jason Bowers, 21-year-old Jared Pilgreen and 23-year-old Joseph Schultz. Smith admitted she set the fire to try to keep warm.

"You see people occasionally; you think they might have problems. You just wish they could get help before they do something like that," said neighbor Eric Berg.

Smith's defense attorneys said she has a history of mental disorders and was placed on psychotropic medication while in county jail.

Civil lawsuits filed by the families of the victims are still pending. They contend the building management's faulty door locks allowed Smith to enter the building and set the fire.

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