Mutt in TX kills mom

**EastKyFF** · 06-06-2002, 02:38 PM

Go to the main Firehouse.com page and read the story on the vol FF who wrecked and killed a woman in route to a call--he'd been convicted of criminal mischief in conjunction to an arson charge some years ago. He moved to a new FD and joined up; chief said they couldn't afford background checks.

In light of homeland security stuff these days, shouldn't there be some funding to do good, international & interstate BG checks on everybody? Isn't this in the national interest, not just for mutts like this but for terrorism issues as well?

**Temptaker** · 06-06-2002, 02:58 PM

EastKyFF

I couldn't agree more. Actually I am a little stunned that the states hasn't had them all along. Ours are only national, but they are a pre-employment requisite, at least for paid depts, don't know about vollie. Maybe one of the Malahat crew could fill us in on that.

Here's the link to the story for everyone.
http://www.firehouse.com/news/2002/6/6_Paccident.html

Sheriff's investigators say McKinney was turning west off Mueschke Road Tuesday night. It was her last turn before home. But driving right behind her, responding to a fire was Rosehill volunteer firefighter Sammy Maglitto in a truck. With lights and sirens on, investigators say he crossed the double yellow line to pass McKinney, striking her car.

Obviously he didn't cross the double yellow enough if he was following her...

One has to wonder if he set the fire he was responding to. I can't believe this guy would have the fortitude to apply and work for another vollie dept after CONFESSING to starting a grass fire.

**TXFireGuy69** · 06-06-2002, 03:17 PM

Seems like with the availability of the internet that departments could at least do some type of basic background check. And if that doesn't work see how your local law-enforcement would be willing to help.
Just my two pennies worth.

**PuffyNPFD** · 06-06-2002, 03:28 PM

This guy calls himself a firefighter???? Not only does he not have regard for his brother firefighters,( as evidenced by his arson admission) he kills an innocent person by driving like an a******.
He deserves whatever comes his way!!!

**Bones42** · 06-06-2002, 05:01 PM

Meanwhile, the Rosehill fire chief says Maglitto will stay on duty until the investigation is over.

This leaves me speechless.

Where is Bob M? I hear a case calling him. It must be the fault of the road department for not making wider roads...

**PAVolunteer** · 06-06-2002, 05:17 PM

Is this guy a mutt for setting fires? Absolutely. Is this guy a mutt for joining again after being convicted of it once? Probably ... although I guess there is a slim chance he was "reformed" by the system and would never do it again. Doubtful, but slim I guess.

Is this guy a mutt for this traffic incident? We don't know. Is this, at the least, a horrible tragedy? Absolutely.

It sounds like he was passing on the left and she turned in front of him. How fast was he going? Who knows? Did he give her enough of a chance to recognize the presence of an emergency vehicle? Who knows? Was he driving like a complete fool? Who knows. Was she completely clueless and did she swing out in front of him at the last moment? Who knows?

On to the background checks ...
Local police, by law, are not allowed to conduct background checks for fire departments (at least in PA). We must submit a background check application to the state police (I believe), pay the fee, and wait for the results. Furthermore, the results only show activity in PA. No out of state incidents will show up.

Amazing, ain't it?

We'll just add it to the list of things we need in order to do our job the best way possible.

Stay Safe

**FlyingKiwi** · 06-06-2002, 10:00 PM

Maybe Kiwiland has it easier,

All people, Vol or Perm have to agree to a security check before even going for a medical.

Gets rid of tire kickers.

The only thing you need to get back is along the following lines

1. Yes they can be a Firefighter.
2. No, due to convictions or other information, they are unsuitable.

You don't need the reasons, if someone gets snotty and gets a lawyer, just tell them to sue the Police department, cause it was their decision.

**RspctFrmCalgary** · 06-06-2002, 10:44 PM

quote:
----------------------------------------------------------------------
Meanwhile, the Rosehill fire chief says Maglitto will stay on duty until the investigation is over.
----------------------------------------------------------------------

Speechless here too!

#1 - CONVICTED for arson and still be able to work as a FireFighter

#2 - REMAIN ON DUTY - Wouldn't you think that for serious charges of this nature that "suspended until the outcome of the investigation" would be more in order?? Maybe they should look at some of the unsolved arson cases in the area!

un-FREAKING-believable!!!

Just my opinion

**Temptaker** · 06-07-2002, 01:36 AM

Bones and RspctFrmCalgary

Totally agree... I am stunned they let this guy keep working. What the H*ll are they thinking?

Kiwi

The criminal record check is the same up here. Everybody has it done medical, police and fire. It comes back a yes or no.

PA Vol

Up here he WOULD be considered at fault for the accident regardless of whether she pulled out right in front of him or not.

**AFD368** · 06-07-2002, 06:38 AM

In regard to the incident in Tomball, Texas, I don’t understand the train of thought here..

"Lt. Denholm says the Firefighter had every right as an emergency responder to disregard the rules of the road, but the question is whether he had public safety in mind"

As a driver of an emergency vehicle, you should always be alert for the unexpected. Sure
you are on an “adrenalin rush”, but that doesn’t preclude you from your responsibilities to
the public, your department, or yourself. As for the Police Officer indicating that the
emergency responder could disregard the rules of the road, it makes one wonder what
kind of training all of the emergency services have in that area of the country.

d]"Meanwhile, the Rosehill Fire Chief says the Firefighter will stay on duty until the investigation is over".

With the Fire Chief’s decision to keep the Firefighter on duty, one has to think that either they have a very small
Department with limited drivers, the Fire Department has an
extrodornary insurance policy, or they are all wound up in themselves that this situation
doesn’t seem to bother them. This should be a learning experience for every Fire
Department in the country.

As for the background checks, the Chief stated that he had just learned of the Firefighter’s
“criminal mischief” conviction. You mean to tell me that no one else in the Department
knew this guy, or that a simple phone call to his previous Department would not have
revealed this information? Wouldn’t you call his previous Department to see what kind
of a Firefighter he was? Just puzzleing questions with no answers.

**NJFFSA16** · 06-07-2002, 06:48 AM

Originally posted by Bones
Where is Bob M? I hear a case calling him. It must be the fault of the road department for not making wider roads...

Bob is on another thread....reading numerous cracks about his butt!

As far as the firefighter still working.....can you say liability? I hope he's not involved in another accident, while this is litigated....it could get ugly.

**distchief60b** · 06-07-2002, 07:53 AM

I am sure that Mr. Moran will defend him on another "ignorance" plea..

Dogs run in packs...so they deserve each other... One mutt defending another mutt!

This is another Black eye in the face of the fire service. Currently we are still at the top of peoples lists of favorites... But if we keep playing this tune we will certainly drop to the bottom again.

**NCRSQ751** · 06-07-2002, 07:54 AM

I don't know how other states are, but in NC you can get them at no cost. All you have to do is make the appropriate request through law enforcement and you can get their criminal and driving histories (and I don't mean just the local stuff either). It gives me piece of mind.

This won't eliminate everyone, or those cases that are "sealed", but at least you are making the best possible effort to find out what you can.

Calling previous departments should always be done, but it won't always eliminate things anyway. I know of one Chief that recommended a guy for a job he had no business doing and claimed the guy was the best thing since sliced bread - and it wasn't even close to true. All it did was ruin his reputation when the guy showed his true colors later on...but the damage was done.

**RspctFrmCalgary** · 06-07-2002, 08:00 AM

Hard to believe! Why on earth would firefighters be exempt from reference checks?? As a civilian I'm required to provide references from previous supervisors for any jobs I apply for, and the references are always called after an interview!

**Engine5FF** · 06-07-2002, 08:36 AM

I don't know about Texas, but here in NY we may not "disregard the rules of the road". The NY vehicle and traffic safety laws give responders very specific privileges when running code 3, like automatic right of way at intersections (after stopping), access to the opposite flow of traffic (with a max. speed of 15 mph) and traveling above the posted speed limit to a specified speed. While these are rules that other drivers do not have they are still spelled out as specific privileges and are not just whatever gets you there. And with every rule in responding there are clauses that say things like "...and the operator will have control of the vehicle at all times." and "... with due regard of public safety". No emergency is big enough to put someone else's safety in jeopardy.

**IJHumberson** · 06-07-2002, 08:55 AM

originally posted by PAVolunteer
Is this guy a mutt for setting fires? Absolutely. Is this guy a mutt for joining again after being convicted of it once? Probably ... although I guess there is a slim chance he was "reformed" by the system and would never do it again. Doubtful, but slim I guess.

Is this guy a mutt for this traffic incident? We don't know. Is this, at the least, a horrible tragedy? Absolutely.

It sounds like he was passing on the left and she turned in front of him. How fast was he going? Who knows? Did he give her enough of a chance to recognize the presence of an emergency vehicle? Who knows? Was he driving like a complete fool? Who knows. Was she completely clueless and did she swing out in front of him at the last moment? Who knows?

couldn't have said it better myself. When I read that the driver was passing on the left, I wondered if that same scenario could happen to anyone of us... while responding to a call, the car in front of you slows and, assuming they are yielding the right-of-way, you go around them... could happen!

What really got my goat was that this MUTT had the stones to join a volunteer fire department after he got indicted for arson and plea-bargained for a lesser charge!!

**First In** · 06-07-2002, 09:21 AM

Not only was involved with another department, but a department that borders Rosehill. I'm sure somebody (or everybody) knew. Here in Texas, the whole volunteer service is VERY political. Getting in trouble with one department and then bouncing to the neighbor is very common.

As far as jumping to conclusions on the accident, let's let the investigation tell the story.

I don't know how fast he was going. I don't know if she signaled her intention of turning left. I do know, however, that I wasn't there.
Let he who has NEVER passed someone on the left throw the first stone based on preliminary media investigation.

I have my own opinion of what "probably" happened, but I don't see enough information right now to condemn him this quickly.

**DeputyChiefGonzo** · 06-07-2002, 09:44 AM

"Lt. Denholm says the Firefighter had every right as an emergency responder to disregard the rules of the road, but the question is whether he had public safety in mind"

Forrest Gump was right..."stupid is as stupid does..."

I smell a wrongful death lawsuit....

**PAVolunteer** · 06-07-2002, 09:51 AM

Originally posted by First In
I don't know how fast he was going. I don't know if she signaled her intention of turning left. I do know, however, that I wasn't there.

Let he who has NEVER passed someone on the left throw the first stone based on preliminary media investigation.

I have my own opinion of what "probably" happened, but I don't see enough information right now to condemn him this quickly.

Extremely well put, First In.

Temptaker - you stated that he would be at fault up there. Why is that, specifically (just asking, not accusing or implying)?

Stay Safe

**Bones42** · 06-07-2002, 10:02 AM

Sheriff's investigators say McKinney was turning west off Mueschke Road Tuesday night. It was her last turn before home. But driving right behind her, responding to a fire was Rosehill volunteer firefighter Sammy Maglitto in a truck. With lights and sirens on, investigators say he crossed the double yellow line to pass McKinney, striking her car.

"You should anticipate the public making a turn and that they don't hear you and obviously, in this case, he didn't," said Lt. John Denholm of the Harris County Sheriff's Department.

I believe in NJ he would also be at fault. He crossed the double yellow line leading into an intersection and failed to use "due regard". Tough to tell from the article, but was he in a fire truck or his own personal truck?

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