TRIAL ON NY FIREFIGHTER LINE OF DUTY DEATH "These men were literally on fire, they had no choice — out the window they went."

Rafael Roldan never imagined that burning the clothes of the people who evicted him would lead to an inferno that killed Yonkers Firefighter Patrick Joyce, his defense lawyer argued Thursday at the opening of Roldan’s murder and arson trial.

"His moral culpability is not synonymous with his legal responsibility," attorney Scott Tulman told a jury in Westchester County Court in White Plains. In breaking news, Roldan has plead GUILTY.

Roldan, 34, is accused of intentionally setting fire to 149 Waverly St., a three-story multifamily home, on Oct. 2, 2009, after getting evicted by his niece and her husband. He faces a six-count felony indictment that includes charges of murder, arson, assault, burglary and criminal mischief.More than 60 firefighters, all in dress uniform, were in court to show solidarity with the Joyce family.

Joyce, who was 39, was married with two young daughters. His twin brother, Peter Joyce, is a Yonkers firefighter."We’re here because we are a family," Yonkers Fire Commissioner Anthony Pagano said. "We were Pat’s second family."

Joyce, who lived in Eastchester, was killed and two other firefighters, Lt. Joe Murray and William Kanych, were injured when a burst of flames and hot gases forced them to jump from a third-floor window.

In his opening statement, Assistant District Attorney Timothy Ward described the "hellish ball of fire" that trapped the three firefighters upstairs and left them no choice but to jump for their lives."These men were literally on fire," he said. "They had no choice — out the window they went."

Murray crushed his entire ribcage — "every rib gone," Ward said. He now has a titanium rib cage and is retired. Kanych, the youngest of the three, landed on his feet but with a broken ankle and back. He underwent surgery and is back at work.

Joyce landed head first. Ward described how Kanych cradled Joyce in his arms and begged him to hang on until help arrived.

"Firefighting is a way of life," he told the jury. "They develop a bond as tight, if not tighter, than the ones we share with our nuclear family."

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