A man pulled from a burning apartment this month has died, and prosecutors are pursuing a manslaughter charge against the person accused of setting the fire intentionally.

Warren County Assistant Commonwealth’s Attorney Kori Bumgarner moved Wednesday to have a charge against Brad McElvain amended from first-degree assault to first-degree manslaughter in light of the death of Lee Henderson, who was found by city firefighters inside McElvain’s apartment at 1115 Vine St. on Nov. 3.

Bowling Green Fire Department investigator Jason Brooks said at a preliminary hearing in Warren District Court that Henderson, who was taken to an area hospital, died Monday.

McElvain, 41, was arrested last week on charges of first-degree assault and first-degree arson.

During the preliminary hearing, Brooks testified that BGFD firefighters responded to the blaze, with the first truck being able to respond relatively quickly due to it already being in the area.

Brooks was called out to assist and said he witnessed heavy smoke coming out of the entrance to the building.

“Before (firefighters) went in, a bystander told them that they heard screaming and someone was in there,” Brooks said.

Firefighters began searching for the victim, finding Henderson lying on the floor in the back bedroom near where the fire was determined to have originated.

Henderson was brought out of the apartment by two firefighters.

Brooks said Henderson wasn’t alert when he was found by firefighters and that he never regained consciousness after being hospitalized.

Authorities learned McElvain lived in the apartment and attempted to locate him Nov. 3 but were unable to find him.

Brooks said McElvain was located on a later date and interviewed by a BGFD investigator for the first time.

During that first interview, McElvain said he had left the apartment to “go junking” and Henderson and a woman arrived.

Investigators at a later date went to a residence where McElvain was known to stay to interview the person who lived there, and McElvain answered the door.

“He told us he left to go junking, but the victim was the only one there and was in the shower when he left,” Brooks said.

Later in the investigation, authorities received a tip from a woman who claimed to have been at the apartment with McElvain and Henderson and that McElvain started the fire and then ran out of the building with her, Brooks said.

Brooks then contacted Bowling Green Police Department Detective Ryan Dillon, and they interviewed McElvain for a third time.

McElvain reportedly gave a similar account to the first two interviews but went on to provide more details.

“He started to say it was an accident and he eventually said he set a towel on fire and it spread to (McElvain’s) clothes in his bedroom, it got too big and he left,” Brooks said.

Questioned by McElvain’s attorney, Kayla Fugate of the state Department of Public Advocacy, Brooks said Henderson had been staying at the apartment for a short time before the fire.

An autopsy was conducted Tuesday on Henderson, but Brooks said he had not seen the findings.

Brooks said the second and third interviews with McElvain were recorded, and that investigators had been unable to recover surveillance camera footage from the neighborhood during the time of the fire.

Answering a follow-up question from Bumgarner about an explanation for the fire, Brooks testified that McElvain said he was “mad at (Henderson) because he wouldn’t leave.”

Warren Circuit Judge Kim Geoghegan sent the case to a grand jury.

McElvain remains in the Warren County Regional Jail under a $100,000 cash bond.

First-degree arson is a Class A felony punishable by 20 years to life in prison, while first-degree manslaughter is a Class B felony punishable by 10 to 20 years in prison.

– Follow courts reporter Justin Story on Twitter @jstorydailynews or visit bgdailynews.com.

— Follow courts reporter Justin Story on Twitter @jstorydailynews or visit bgdailynews.com.

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