Marcell Dockery, the 16-year-old who confessed to setting a mattress on fire in the hallway of a Coney Island public housing building last week, has been charged with an additional count of felony murder after one of the two police officers critically injured in the blaze passed away.
If convicted, Dockery faces a maximum sentence of 25 years-to-life in prison.
“The senseless act of setting that fire tragically led to the death of NYPD Officer Dennis Guerra. His partner Officer Rosa Rodriguez suffered critical injuries. Both dedicated and courageous officers did not hesitate to risk their lives to save others. We will bring the Defendant to justice for these terrible and horrific crimes,” said Brooklyn District Attorney Kenneth Thompson in a statement Friday evening.
Guerra, 38, a married father of four, succumbed to his injuries on Wednesday morning. His partner, Rodriguez, remain in critical condition but has a more optimistic prognosis.
The two were the first emergency responders to respond to the Sunday fire at 2007 Surf Avenue. They rode the elevator to the 13th floor, where the fire was believed to be. As the doors opened, they were engulfed in thick black smoke, and collapsed due to lack of oxygen.
Funeral services were held this morning for Guerra, and a wake was held over the weekend.
His death broke a three-year streak during which no police officer had been killed in the line of duty.
The NYPD is now overhauling its fire response protocol, including basic fire training that could have saved Guerra’s life. Officers are being instructed to take the stairs when possible. If they must use the elevator, they’re being told to check open shafts for smoke and to stop at least two floors below the fire.