Pa. Firefighter Waives Hearing on Arson Charges

March 21--ORWIGSBURG -- The Auburn volunteer firefighter who allegedly set at least two blazes in the borough faces Schuylkill County Court action after waiving his right to a preliminary hearing Tuesday on charges stemming from two February fires.

David M. Berk, 19, who entered the courtroom wearing handcuffs, a belt and a prison jumpsuit, said little except to indicate he understood what he was doing in waiving his right to a hearing.

Magisterial District Judge James R. Ferrier, who was to have presided over the hearing, instead bound over for the county court seven counts of arson, two of causing or risking a catastrophe and one of criminal mischief against Berk.

After that, Berk returned to the county prison, where he is being held in lieu of $150,000 straight cash bail. Ferrier said the bail is $50,000 in one case and $100,000 in the other.

State police at Frackville filed both sets of charges against Berk.

In one case, police alleged Berk set fire to a two-story wood frame garage at the rear of 434 Market St. shortly after midnight Feb. 2. Police said the fire spread from the garage, which is owned by Douglas Naftzinger and occupied by Harold Miller, to an adjacent storage shed owned by Jeffrey Webber, causing about $30,000 in total damage to the buildings and their contents.

Berk admitted that he poured gasoline near the garage door frame and intentionally ignited it, according to police.

He is charged in that case with three counts of arson and one of causing or risking a catastrophe

In the other case, police charged Berk with setting fire to a single-family home at 412 Washington St. about 11:25 p.m. Feb. 18. Police said that fire damaged the siding, kitchen doors and an interior wall of the house, causing $5,049.24 worth of damage.

Berk also admitted setting this fire, saying he poured a mixture of gasoline and oil at the kitchen door and then igniting it, according to police.

He is charged in that case with four counts of arson and one each of causing or risking a catastrophe and criminal mischief.

Police said that in each case, they considered and eliminated the possibility that the blaze was accidental.

Assistant Public Defender Christopher W. Hobbs, Berk's lawyer, and Assistant District Attorney A.J. Serina each declined to comment on the case. Several people who traveled to Ferrier's office to attend the hearing also declined to say anything once Berk waived his right to it. Defendant: David M. Berk

Age: 19

Residence: Auburn

Charges: Seven counts of arson, two of causing or risking a catastrophe and one of criminal mischief