Magic in the Sky preparing for criminal charges in deadly Orlando warehouse fire: court document

It appears that lawyers representing the owners of a Florida fireworks entertainment company are preparing for criminal charges to possibly be filed following the deadly 2022 warehouse fire in Orange County that killed four employees and injured one, according to a recent court filing.

On Dec. 1, 2022, a large explosion and subsequent fire sparked in a warehouse in Orange County where Magic in the Sky, a pyrotechnics company that manages fireworks displays at major theme parks, stored their fireworks.

Four employees – Elizabeth Tiralongo, Lindsey Phillips, Landon Bourland and David Gonzalez – died, and a fifth, Lindsey Tallafuss, survived with serious injuries.

The families of the four people who died have each filed wrongful death civil lawsuits against Magic in the Sky. Those cases are still working their way through the court system. However, in a recent filing in those cases, lawyers representing the fireworks company asked a judge to delay the civil cases "for a period of one year, or until all pending criminal investigations have been resolved."

Magic in the Sky Warehouse Fire

• Changes made since 'Magic in the Sky' tragedy
• Elizabeth Tiralongo's family files lawsuit after deadly warehouse fire
• Magic in the Sky facing $100K penalty in deadly fireworks warehouse explosion: OSHA
• 'Beautiful soul': New details released about woman killed in Orlando warehouse fire
• Orlando warehouse fire that killed 4 prompts questions over fireworks storage

No criminal charges have been knowingly filed or announced against Magic in the Sky by any law enforcement, state, or federal agency. However, in the civil suit filing, lawyers note that the owners of Magic in the Sky continue to be investigated by "various law enforcement agencies for the purpose of developing probable cause to initiate criminal charges."

"With the possibility of more serious criminal charges looming, both [owners of Magic in the Sky] have retained private, criminal counsel and it is anticipated will choose to exercise their right to remain silent under the Fifth Amendment to the United States Constitution in the pending civil matters," the filing read.

It also noted that the owners had been interviewed by ATF, OSHA, and Orlando Fire departments as part of their investigations.

How did the fire start?

According to an "investigative summary" on OSHA's website, employees at Magic in the Sky were reporting "sorting and loading aerial fireworks with electric match ignitors" in preparation for a fireworks show at an Orlando-area theme park.

"An alleged static charge from plastic tables and storage bins ignited an electric match at the insertion point of the aerial firework, resulting in immediate detonation," OSHA's summary said.

OSHA fines Magic in the Sky $100,000, alleging unsafe conditions

In the wake of the fire, OSHA proposed more than $110,000 in penalties against the fireworks company, alleging 10 "serious violations," including failing to ensure proper storage and having proper safety protocols and plans in place.

"The deaths of four young workers and a fifth worker’s life-changing injuries exposed Magic in the Sky’s systemic failures that likely led to a fire and explosion the company could have prevented, which only adds to the tragedy," said OSHA Acting Area Office Director Audrey Windham in a prepared statement at the time.

Magic in the Sky has challenged those fines, according to OSHA's website. It's not yet clear if those fines were upheld, changed, or overturned.

The fire also raised zoning, registration, and licensing questions as it related to fireworks companies, storage, and safety in Orange County.