Report: Victim's Unit Unsearched During Toledo Fire

A report from the Toledo Fire Department on a fatal West Toledo fire last month states that the apartment where a man died -- and where his body was found in the rubble of the demolished building -- wasn't searched until after an evacuation order was given.

Toledo Fire Department: Post-Incident Review

The three-page report, made available Friday, states that residents of the 12-unit building who were interviewed at the onset of the Jan. 13 fire told authorities that everyone was out of the three-story building.

"We rely on primarily the folks that live in that structure or neighbors nearby," said Toledo fire Lt. Matthew Hertzfeld. "That's our best resource to gather that information."

The fire started on the second floor of the building at 3125 Meadowbrook Ct. about 3:45 a.m. The third and second floors were searched, as was part of the first, but at 4:07 a.m., one minute after a crew was sent to search the first floor, the evacuation order was given, leaving apartments 37 and 38 unsearched, according to the report.

Delano Fleming, 35, whose body was found Jan. 14 in the building after its demolition, lived in apartment 38, on the first floor, said Mr. Fleming's sister, Sandra Brown.

While the building was still burning, crews were told that "someone may be in the apartment on the left," which was apartment 37.

Two firefighters and the on-scene commander went into the building to search 37. One firefighter went into 38 -- which had an open door, the report states.

"It was dark and he [the firefighter] felt some heat in the hall near the bedrooms. He was unable to see any furniture from his position due to the darkness," the report, prepared by Deputy Chief Gary Martin, states. "He did not search the apartment because of the belief that everyone was accounted for and they were inside to check apartment 37."

"At that time, we still didn't have any information that anyone else was missing, other than to go back after they were pulled out to check 37," said Lieutenant Hertzfeld.

The door to Mr. Fleming's apartment may have been open for a glance into the apartment at the time of evacuation, Lieutenant Hertzfeld said.

"I can tell you from experience, that when we get pulled out of buildings, as you're exiting, you're popping doors and taking quick looks. What's happened, and it's happened to me personally, you find a lot of people attempting to leave structures on their own and I've found people six or seven feet from a doorway or three feet from a window because that's where they've succumbed to the smoke."

Ms. Brown said she understands the report and "I respect their ability to have investigated, and their findings, but it still doesn't matter to me. ... Regardless of what they say, they cannot tell me anything that will make me believe why they couldn't get him in the first apartment on the first floor."

The Lucas County Coroner's Office has said that Mr. Fleming died of smoke inhalation and officially ruled the death an accident.

On Friday, Lieutenant Hertzfeld said the cause of the fire had not yet been determined.

The fire department's report found that "crews performed well considering the many functions that had to be considered" and the search of the building was "textbook."

There were communication issues, the report found, because of face-to-face conversations opposed to instructions broadcast over the radio.

"Therefore, the other crews on the scene were unaware of their locations and duties," the report states.

"It's difficult to say [if things could have been done differently]," Lieutenant Hertzfeld said. "To say if something was done wrong, it's not a matter of right or wrong, it's is there a faster or smoother way to do it."

Adam Loukx, the city's law director, who was the recipient of the report, declined to comment, but said "I don't see any liability here."

Ms. Brown said the family has not considered whether to file suit.

McClatchy-Tribune News Service