A Child's Fiery Death / Woman who left her daughter alone arrested in Concord
Charlie Goodyear, Erin Hallissy, Chronicle Staff Writers
2000-02-25 04:00:00 PDT CONCORD -- A woman with prior arrests for drug and child abuse was under investigation yesterday after a late- night fire killed her 8-year-old daughter, who, authorities say, was left alone in her apartment.
Shirley Kathleen Defroscia, 40, was arrested at her Concord apartment complex yesterday following the deadly fire on suspicion of being under the influence of drugs or alcohol, a police source said. The distraught mother was released after providing a blood sample.
Police said they are gathering evidence to forward to the district attorney for possible prosecution in the death of Lena Defroscia, described as a quiet third-grader who enjoyed drawing pictures for her mother.
Shirley Defroscia left her daughter alone while she visited her boyfriend in an apartment in the same 26-unit complex on Detroit Avenue, authorities said.
Several police officers, using blankets as shields, tried to get to the trapped girl but were driven back by the raging fire. Police said they had to restrain Shirley Defroscia when she came running back and tried to enter the apartment.
Neighbor Marc vanGills, who was awakened by loud pounding on Defroscia's door, said he saw the mother "running and crying -- she knew Lena was in there."
Defroscia could not be reached yesterday. An aunt of Lena's who did not want to give her name described the girl as "her mother's life."
Some tenants said they heard a loud explosion before the fire, which was reported at 11:37 p.m. Wednesday. Flames destroyed Defroscia's unit and damaged three other apartments, causing an estimated $300,000 in damage.
Firefighters confirmed that they were investigating some type of blast in the apartment's bathroom that cracked the toilet bowl
and possibly ruptured a pipe.
"There was some type of release or explosion," said Larry Thude, spokesman for the Contra Costa Fire Protection District.
Officials are looking at a small propane torch found ruptured in the bathroom. Investigators want to know whether the valve was open or closed. They have not yet determined how the fire was ignited.
Lena's burned body, clad in nightclothes, was found on the floor of the bedroom adjacent to the bathroom.
Coroner's officials said the girl died of smoke inhalation and burns.
A Pacific Gas and Electric Co. worker at the scene told the complex manager yesterday that service had been shut off to Defroscia's apartment sometime before the fire. Officials later disputed that but acknowledged that Defroscia had trouble paying her power bills. Neighbors said Defroscia, who holds a cosmetologist's license, had financial problems and had struggled to hold down a steady job.
There are no water sprinklers in the building. VanGills said he would sometimes disconnect the battery-operated smoke detectors in his apartment because they would malfunction.
Defroscia was arrested in August 1996 when police did a parole search for a former boyfriend at their Concord home. According to court records, police found evidence of methamphetamine and drug paraphernalia in the house. Four months later, she was charged with possession of controlled substances and child abuse involving Lena and her older brother, 11.
The misdemeanor charge alleged that Defroscia caused the children to "suffer unjustifiable physical pain and mental suffering," but it did not give specifics.
According to other court records, Defroscia was under the influence of drugs when police searched the home, and she admitted she smoked methamphetamine. In January 1997, she agreed to a pretrial diversion program.
Defroscia shared custody of the two children with her ex-husband, Peter Defroscia of Martinez, who could not be reached for comment yesterday. According to court records, the order called for the mother to pick Lena up at her father's house at 9 p.m. on Wednesdays. According to their divorce records, Peter Defroscia asked for a restraining order against Shirley Defroscia in May 1997 because she was living with her boyfriend at the time.
"I am in fear for my children that he will return to harm them," Peter Defroscia wrote. "He's known to use deadly weapons -- she's still using drugs. Kids are not progressing in school."
Authorities said they did not find any evidence last night of drug paraphernalia or items associated with manufacturing illicit drugs.
Shirley Defroscia moved into the two-bedroom apartment on Detroit Avenue last June, said Kirk Wilson, the complex manager.
Wilson described Lena as a "sweet little girl" with "kind of a sadness about her."
Teddy bears, flowers and balloons were piled up at the foot of the complex's driveway yesterday.
At Sequoia Elementary School in Pleasant Hill, where Lena was a third-grader and her brother Vincent is a fifth-grader, students made sympathy cards for Lena's family and talked to a school psychologist.
"Lena was a very, very quiet student and a very sweet girl," said Principal Sandra Brickell. "She loved to be with her mother. Even when she drew, she always used some yellow, maybe in a flower, because that was her mother's favorite color."
The school, which has a back-to- basics program, requires parents to sign an agreement to be involved in their child's education and that children adhere to a dress code.