BUFFALO, N.Y. - Joseph Conti pleaded guilty Friday to criminally negligent homicide in the death of his son, Anthony, 7, who died in a fire on Benzinger Street in the Lovejoy area this past January.
Conti admitted that he lit a cigarette with a blowtorch inside the home. He then sat the blowtorch on the bed, which ignited the mattress.
An order of protection was in effect the night of the fire and Conti wasn't supposed to be at the house or near his wife.
While he was at the house, Erie County District Attorney John Flynn says Conti had a blow torch that was there to light the stove because the house didn't have electricity. Conti admits to using the blow torch to light a cigarette. He says thought he turned the blow torch off and says he put it on the edge of the bed so the hot end wouldn't be on the bed. Flynn says he doesn't believe Conti because the blow torch was found on the middle of bed.
Prosecutors say they could have charged Conti with manslaughter, but decided on criminally negligent homicide instead.
"I gave him a break because he's a father here, and he obviously feels awful here. This is an awful situation, but I can't let him go. And, that's why I charged him with criminally negligent homicide which is the lowest form of homicide here," says Flynn.
Conti's family told 2 On Your Side they had no comment as they left the courtroom.
Conti will be sentenced in November. The judge committed to six months in jail and five years of probation.