A 72-year-old man will serve 48 days in jail for a van fire in a Fridley Walmart parking lot last summer that spread to another van and killed a 6-year-old girl and badly burned her older sister.
Roberto L. Hipolito, of Long Beach, Calif., was sentenced in Anoka County District Court last week after pleading guilty to two felony counts of negligent fire, while a more serious second-degree manslaughter count was dismissed.
Judge Thomas Lehmann's sentence included a stayed six month sentence with credit for the 32 days that he was locked up after his arrest. He will report to serve the additional 48 days at a later date.
Also, abiding by the terms of his three years of probation will mean the felony convictions will be reduced to misdemeanors.
In addition, Lehmann ordered Hipolito to write a letter of apology to the family.
Assistant County Attorney Wade Kish said he did not object to the prospect of the convictions being lowered to misdemeanors, because of "his age and complete lack of criminal history."
Kish also said the family "was satisfied with the sentence [and] didn't even seem upset that he didn't get the 365 [days] I asked for."
Ty'rah White died while being treated at HCMC. Taraji, her sister who was 9 years old at the time, survived.
Both were taken by ambulance from the store in the 8400 block of NE. University Avenue to HCMC shortly after the fire erupted about 7:10 a.m. on Aug. 6, 2019.
The daughters of 34-year-old Essie McKenzie, of Coon Rapids, were alone in the van for 45 minutes to an hour as their mother shopped in the store, police said. Leaving children of that age alone in a vehicle is not against the law, police added.
The charges against Hipolito say he admitted to authorities that he was using a stove near the van to cook that morning and then placed it in the back of the vehicle. He said he and his wife had slept in the vehicle overnight in the parking lot.
Paul Walsh
