BUFFALO, N.Y. — Earlier in July, Erie County District Attorney John Flynn announced that no criminal charges would be filed for the fire on Main Street that killed Buffalo Firefighter Jason Arno on March 1.
Flynn also announced that the ATF had ruled that the fire was accidental.
2 On Your Side has now obtained the full report, which can be viewed here.
The bureau interviewed more than a dozen witnesses and employees of JP Contracting and revealed surveillance photos from before, during, and after the fire — providing a step-by-step timeline of the events leading up to the fire.
As evidenced by surveillance photos, the events started at 7:29 a.m. on March 1 when contractors started using a blow torch and leaf blower to melt snow and ice off the surrounding area of the DC Theatricks back doorway filled with a plywood door. Contractors had removed a steel door two weeks prior and replaced it with plywood.
In an attempt to protect the wooden door from the torch flames, a worker placed a shovel in front of it, but instead of shielding the door, it allowed heat to get underneath it allowing the fire to begin to burn.
At 9:53 a.m., one of the workers seen here began to notice smoke rising from behind the door and threw water on it attempting to put it out, but then was met with flames after removing the plywood, and immediately called 911.
According to the report, investigators made several attempts to get in contact with this worker but were unable to speak with them due to their attorney making them unavailable.
The findings also stated the leadup to Arno’s death stemmed from a number of building violations, such as a lack of fire alarms and sprinkler systems.
The report also found that the construction on the building was being done without a work permit.
Earlier this month Erie County District Attorney John Flynn addressed the infractions:
“Those are all non-criminal issues that the owner and the contractor had to deal with with the City of Buffalo,” he said. “But for my purposes, none of that stuff is potentially chargeable by me.”
The investigation says that Arno — a three-year member of the Buffalo Fire Department serving with Engine 2 — was killed by smoke inhalation and thermal injuries after becoming trapped during the suppression.
Sarah Elizabeth Tierney, the widow of Jason Arno, issued this statement after the District Attorney's news conference earlier this month: "I am shocked and disappointed in his decision and frankly bewildered as to how this could not be considered negligence."
Arno's wife filed a notice of claim against the City of Buffalo and the Buffalo Fire Department, citing the city and department’s “negligence, recklessness and carelessness” in responding to the deadly four-alarm fire that claimed the life of her husband.
Tierney filed the notice of claim on April 20.
“We've uncovered a number of things that it appears the city did do incorrectly, including allowing firefighters to work out of the title,” said Charles Desmond of Gibson, McAskill & Crosby, LLP, who is representing Tierney.
2 On Your Side has now obtained the full report, which can be viewed below: