Among other concerns, the report also faulted the incident commander for failing to establish a rescue team until after the collapse. That should have been done immediately.
Deputy District Attorney Sean Carney argues that those factors are beside the point. For the purposes of prosecution, Carney is focused on Becker's decision to build a fireplace out of combustible material. That decision was not the only thing that led to Allen's death, but Carney argues that it's enough for a manslaughter conviction.
ILLUSTRATION BY CHRIS WHETZEL
PHOTO BY TED SOQUI
Gerhard Becker's living room. The fireplace, which has been replaced, can be seen at the far end of the right wall.
Related Content
More About
"As long as he supplied a link in the chain that led to the victim's death — even if others supplied additional links — as long as that was foreseeable, he is still culpable," Carney says. "Firefighters are human. They're not going to perform expertly every time. But by creating a condition that led to the death, he can still be responsible."
If the case goes to trial, Becker may have difficulty winning sympathy from a jury.
"I expect he's gonna try and blame everybody except himself," Carney says. "I don't think he's going to get much traction blaming the firefighters."
Soon after he was interviewed by the police in March 2011, Becker returned to Mallorca.
He had little to keep him in Los Angeles. His daughter had decided she did not like Arizona after all, and had returned to Germany. Kolb, his girlfriend, had also returned to be with her children.
On a trip to Italy, Becker proposed to his girlfriend. She said yes. Together they built another large, modern house in the Mallorcan countryside, where they planned to live.
The home on Viewsite Drive was repaired during his time in Mallorca. Workers installed a new fireplace, one that was designed for indoor use. According to prosecutors, it cost $30,000 — more than eight times the cost of the deadly outdoor unit.
Becker flew back to L.A. in February 2012 to take care of some financial details with the house. He had no idea he was still in legal jeopardy — until LAPD officers met him at the airport with a warrant for his arrest.
Becker now wears a GPS device on his ankle. He is not under formal house arrest, but he is forbidden from leaving L.A. County or going near the airport. He has few friends here, he says, and rarely goes out.
Meanwhile, his visa has expired.
"Actually I'm illegal here," Becker says. "It's a strange legal status."
For now, his personal and professional life is in limbo. He cannot return to Mallorca to be married, and his father is too ill to come to L.A. for a ceremony.
He is not licensed to practice architecture in California. He was only able to build his own house because he owns the land. In any case, he has no Social Security number and can't get one without a passport, which has been confiscated. He has nothing to do but wait for the case to be over.
"Trying not to get crazy, trying not to get angry — that's the daily routine," he says.
If convicted, Becker faces up to four years in state prison. The prosecutors have offered him a deal for two years, which he finds absurd.
"I understand somebody died," he says. "I understand somebody died, who was trying to save my house. I really appreciate that. But to say I was willingly building a trap in my house —"
He shakes his head.
"It's disgusting."
See also: Slideshow of Gerhard Becker's House
