Maki Becker
The Buffalo News, N.Y.
(TNS)
Jul. 6—The four-alarm fire that killed Buffalo firefighter Jason "Jay" Arno in a Main Street building March 1 was accidentally caused by contractors using a blowtorch to melt snow and ice around an exterior doorway where they were doing masonry work.
But the workers had no intent to start a fire and they did not disregard the risks, so no criminal charges against the two employees of JP Contracting are appropriate, District Attorney John Flynn said today at a news conference.
Flynn disclosed that Arno, 37, was inside the building fighting the fire when his foot got caught in a metal clothing rack that might have fallen on him. When firefighters were ordered to evacuate the building because of explosions, "his foot and leg got tied into a metal rod on the rack, and he was stuck."
Firefighters who went back inside to rescue him couldn't free him, and were forced to evacuate themselves, Flynn said.
He said that Arno died from smoke inhalation and thermal injuries.
But he said the Bureau of Alcohol, Tobacco, Firearms and Explosions concluded that the fire was accidental.
"I cannot prove in a court of law any crime of criminally negligent homicide or manslaughter in the second degree. So the bottom line is no criminal charges will be filed against anyone. This was an accident. This was a horrific accident," Flynn said.
In the days after the fatal blaze, fire officials said the fire may have been sparked by workers who were using blowtorches to do work on masonry and bricks on the exterior of the building, which housed DC Theatrix, a company that makes costumes for theater companies. The building was owned by a limited liability corporation that is owned by former U.S. Rep. Chris Jacobs.
After the fire, the city permits and inspections department confirmed that there were no valid work permits for the site.
Flynn said any permit violations would not be criminal actions. He said he has referred the permit issues to the City of Buffalo to address. The permit issues could result in a code violation case being brought in Buffalo Housing Court, he said.
Flynn said JP Contracting was hired by Jacobs' company to repair some bricks on the building near an exterior doorway. The workers had previously removed the door and screwed in plywood to block the entrance.
The morning of the fire, two JP Contracting workers arrived at the site to repair the bricks, and found snow and ice on the bricks and on the ground around the plywood, Flynn said. They used a blowtorch for about 45 minutes to melt the snow and ice so they could work on the bricks. The workers used a shovel to block the flame of the blowtorch so the plywood did not catch fire.
But ATF agents determined that sparks from the blowtorch set fire to bags of clothing that were inside the building a few feet from the plywood, Flynn said.
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