SUFFOLK, Va. (WAVY) — Charges against a man accused of setting fire to the Suffolk Tower Apartments last summer have been temporarily dismissed because he was deemed incompetent to stand trial.

The Suffolk Commonwealth’s Attorney’s Office says the charges against Herbert Boothe were dismissed without prejudice, which means they could be brought back if Boothe is later deemed competent.

Boothe was 69 at the time of the 3-alarm fire back in July 2021, which left more than 30 people displaced. Five people had to be rescued.

One of those people rescued was Boothe, who was a resident on the fifth floor.