A Jackson County Judge yesterday ruled to dismiss eight felony counts of involuntary manslaughter against Camellia Foulks, and denied a defense motion to move Foulk’s trial to another venue.

Foulks, 26, of Carbondale is accused of leaving eight young children unattended in her home, which resulted in their death in an Aug. 1994 fire. Foulks is now charged with two misdemeanors, endangering the life of a child and reckless conduct.

Judge David W. Watt Jr. ruled on three of the defense motions in court yesterday. Watt said he dismissed the involuntary manslaughter charges because this was a case of causing death, not creating death.

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States Attorney, Mike Wepsiec, said at a press conference yesterday that he knew this case was unusual.

I gave it my best shot, he said. There has never been a case like this and hopefully there never will be again. I think the judge viewed this as more of a case of negligence instead of recklessness.

Wepsiec said he will try to rewrite the charges or appeal the ruling to an appellate judge.

Watt denied a motion to move Foulks’ trial to another county, saying there was no evidence supporting defense claims that the public has been tainted by information released by police.

Public Defender, Evan Owens, argued that Foulks could not receive a fair trial in Jackson County because of the media coverage that has surrounded this case. Owens also argued that the Carbondale Police have tainted the public by releasing information of Foulks alleged use of drugs and alcohol.

Wepsiec argued against the trial being moved to a different county because the defense had no evidence that Foulks is disliked by the residents of Jackson County.

Wepsiec suggested that the defense do public opinion surveys and polls to prove their claims.

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Watt said the last thing he wanted to do was to move the trial because the county could not afford to transport all 80 witnesses to a different county.

Watt said he has contacted and found another county where the press has been minimal, in Jackson County in case it is found later that Foulks could not receive a fair trial. Watt left it open for the defense to refile the motion.

The defense also filed a motion to limit Wepsiec from bringing up what Foulks was doing during the time frame of 10 p.m. to 1:25 a.m. when the children were left alone in her house.

Watt said he reserved his ruling on this matter to another date since he had not taken a look at it.

A new court date has not yet been set for Foulks, Wepsiec said.