DA: Suspect Didn't Set Fire that Killed Ex-NY Firefighter

Feb. 13, 2019
New evidence led to the release of the man accused of arson in the fire that killed a former part-time Oneonta firefighter who rescued his fiancée and nephew from the blaze.

An Oneonta resident accused of starting the December blaze that claimed the life of a former firefighter was released from custody on Monday after new evidence surfaced in the investigation of the incident.

Declining to reveal the exact nature of the new findings, Otsego County District Attorney John M. Muehl said the new evidence no longer justified the incarceration of Terrence Truitt, who was released from the Otsego County Correctional Facility where he was awaiting action by a grand jury.

The findings surfaced in a review of regular security and surveillance footage around the city, Muehl said, identifying a new person of interest and essentially letting Truitt off the hook after more than a month of investigation.

Truitt was arrested and charged with first-degree arson, a class A felony, two days after an apartment fire at 5 Walling Ave. in Oneonta claimed the life of one of the occupants, former firefighter John D. Heller.

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Heller was found collapsed near a window of the residence after evacuating his fiancée, Amber Roe, and their four young nephews to safety. He was transported to A.O. Fox Hospital where he was later pronounced dead.

Friends and family celebrated Heller as a hero. More than 300 community residents attended his funeral, held the following week at the Foothills Performing Arts and Civic Center in Oneonta.

Findings from an autopsy conducted by Otsego County Coroner Terry Knapp revealed that Heller died of carbon monoxide toxicity due to smoke inhalation. His death was ruled a homicide after investigators determined the blaze was not accidental.

Because Heller was killed during the commission of a felony, Truitt also faced a possible charge of felony murder, a second-degree offense in New York state, but such charges were never filed, according to Muehl.

At this point, Truitt is unlikely to even be convicted of arson, Muehl said, adding “the evidence is pretty clear he didn’t start the fire.”

Truitt was the first suspect in the case to be named publicly, Muehl said, after he was found at the scene of the blaze wearing singed clothing and covered with soot. Investigators pinpointed the fire’s origin to a stairwell landing just outside the door of the apartment below Heller’s; Truitt was later linked to the apartment’s occupant.

Given the way the case unfolded, Muehl said he does not consider the recent turn of events to be unusual.

The investigation is ongoing in light of the new evidence, but Muehl said he expects it to be “very close to completion.”

“There have been no additional arrests so far and a grand jury trial has not yet been arranged,” Muehl said on Tuesday, “but I imagine one or the other will happen shortly.”

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©2019 The Daily Star (Oneonta, N.Y.)

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