Bates back in court

HONESDALE — Susan Bates had tears in her eyes as she was escorted by State Police out of the Church Street entrance of the Wayne County Courthouse on Wednesday to face charges in the homicide of a Texas Township man last month.

After a two-hour hearing, charges against Bates, 45, stemming from an arson which claimed the life of Timothy Wood were held for the Court of Common Pleas.

Magistrate Ted Mikulak found that District Attorney Michael Lehutsky and the testimonies on behalf of the Commonwealth provided enough evidence for the case to go to trial. Bates was charged with criminal homicide and two counts of arson related to the fatal May 1 fire in Texas Township.

“We believe the testimonies clearly establish prima facie for the homicide and arson charges,” Lehutsky said. A trial date has yet to be determined.
Two witnesses, Karen Hazen and boyfriend Gerald Wood, testified that they witnessed the fire with Bates visibly shaking during the testimony of Wood, the brother of Timothy Wood.

Gerald Wood and Hazen both testified that two other fires took place on May 1. The first fire was started on the bed of Bates and Timothy Wood, they stated.
“There was a good-sized hole burned in the mattress. Susan was sitting on the bed, smoking a cigarette with a weird grin on her face,” Hazen said.

Gerald Wood also testified that Timothy Wood had consumed alcohol throughout the day of the fire.

The second fire involved a burning garbage can and was started on the second floor. Hazen said she and Gerald Wood had left the home for about an hour, and when they returned, they witnessed smoke coming from the second floor.

Hazen said she woke Timothy Wood, who was sleeping in the living room on the first floor and told him about the smoke.

Hazen said she went outside, and Timothy Wood returned with a garbage can which had a flame in it.

Defense Counselor Janine Edwards questioned both Hazen and Wood as to why they did not contact police after the two fires, and both said Timothy Wood asked them not to call police, saying he had it under control.

After Timothy Wood brought the flaming garbage can outside, he went back in the house and an argument ensued. Gerald Wood said he could hear Wood and Bates arguing for about 45 minutes before things quieted down.

“When I heard Sue yelling for help, I knew there was another fire,” Gerald Wood testified.

He said he went in and tried to help, but the staircase was engulfed in flames. He tried to use a five-gallon bucket of water to put the flames out, but was unsuccessful. At this time, he heard Timothy Wood yelling for help.

Gerald Wood said he went outside and saw Bates climbing out of the second floor, front bedroom window and broke her fall.

Investigators

State Police Deputy Fire Marshall Russell Andress testified about his examination of the crime scene. He said there was no indication that the fire was started outside the home or on the first floor of the residence.

Andress said there were significant V-shaped burn patterns near the top of the stairwell, which indicated a point of origin.

The initial investigation team was comprised of Deputy Andress, Tpr. John Chervanka and Wayne County Coroner Carol Lienert.

The body of Timothy Wood was discovered in the front bedroom on the floor against the interior wall. He was clutching an open cell phone, which was still working at the time of the discovery.

The body was covered in soot and dirt, and fluid was discovered around the mouth and nasal openings, which is typical of a death due to smoke inhalation, Andress said.

There was no point of origin for the fire in the front bedroom, where the body was discovered.

Across the hallway from the front bedroom was a spare bedroom, where a second, unrelated point of origin was discovered.

Andress testified that the head of the bed in the spare room had fire damage, along with a part of the mattress.

The investigation showed no indication that the two points of origin discovered were accidental, Andress said.

Cpl. William Wagner of the State Police testified about his interview with Bates that occurred at the Community Medical Center in Scranton after the fire on May1. The interview was documented in the Affidavit of Probable Cause.