BETHLEHEM, Pa. — A former tenant tied to a massive fire at a South Bethlehem apartment building will not face criminal charges, according to city police.
Officials also confirmed at least some displaced residents could be back on site in early February.
It’s been eight months since the Five10 Flats complex on East Third Street was engulfed by a four-alarm fire deemed by the Bethlehem Fire Marshal’s office to be caused by “improperly discarded smoking materials.”
Northampton County District Attorney’s Office and Bethlehem Police Department recently agreed the case did not meet the legal standards to press charges, BPD Capt. William Audelo told LehighValleyNews.com.
“We are going off of the law, and we believe that the decision that was made in the end is the correct decision."Bethlehem Police Capt. William Audelo
"Arson and most fire-related offenses require the prosecutors to prove that the individual acted intentionally," Audelo said.
Using security camera footage from the building, authorities viewed the individual make an effort to put out their small cigar in a rooftop planter, and taking the rest of it with them, Audelo said.
The person left the scene and building afterward under the impression they put out the cigar, but an ember remained smoldering in the planter, officials found.
And the combination of a hot day in May, windy conditions and a planter acting as a fuel source led to a blaze that one regional Red Cross chapter official said was the largest he had responded to in a decade or more.
Members of about a dozen area agencies were called to the scene to assist.
Suggesting a hypothetical case, Audelo said, “A person who is trying to cook French fries in oil on the stovetop and they start a fire, and that fire catches two rowhomes on fire, is that person going to be charged with arson [as if] they intended to start that fire?
“No, that’s not a fair use of our statutes."
“We are going off of the law, and we believe that the decision that was made in the end is the correct decision," he said.
Some tenants back Feb. 1
Former Bethlehem Mayor John Callahan, now director of business development for Peron Development, which built Five10 Flats, said his team is on track to start turning over residential units come Feb. 1.
Property officials currently are contacting former tenants to gauge interest, Callahan said.
Former occupants of the first and second floors of the building's residential portion will get priority to return for the time being, Callahan said.
Some elevator work still is needed for access to the uppermost floors, Callahan said, but he estimates all 95 apartments to be back in operation in May.
“There’s a list of folks that enjoyed living at Five10 and are anxious to get back.”Former Bethlehem Mayor John Callahan, now director of business development for Peron Development, which built Five10 Flats
There were 135 residents displaced by the blaze, with a portion of them signing leases at The Marquis in Easton, also a Peron development.
The tenants got a waiver on associated fees and other incentives considering the fire, Callahan said. He said other residents chose to make their own arrangements.
Tenants were required to have renters insurance, Callahan said, adding that Peron also has insurance as the landlord.
“There are some folks that are quite happy at the Marquis and wanting to stay, and others that are anxious to move back,” Callahan said.
“Whatever their preference is, we’re going to accommodate them.
“There’s a list of folks that enjoyed living at Five10 and are anxious to get back.”
He said he “never wanted to miss an opportunity” to thank communities of the South Side for coming together in a difficult time like they did after May 2.
Other openings to come
El Jefe's Taqueria on the ground floor opened its doors again for business in August.
Mister Lee’s Noodles is expected to open in the first quarter of 2026, Callahan said.
“We’ve got a number of potential coffee concepts interested in the Starbucks space."John Callahan, director of business development for Peron Development
As for the spot at the corner of East Third and Fillmore streets, “We’ve got a number of potential coffee concepts interested in the Starbucks space,” he said.
A Mediterranean concept restaurant is planning its opening, Callahan said, with another few months expected for its fit-out at the former HandHeldz and Hummus House, next door to Mister Lee’s.
Insomnia Cookies opened last summer at the neighboring Six10 Flats complex, which also was built by Peron.
The month following the fire at Five10 Flats, U.S. Immigration and Customs Enforcement's Homeland Security Investigations office "administratively arrested" 17 workers who were part of a crew restoring the building.
The day after the arrests, a few hundred protesters came together near the site for a march to City Hall.
