BUFFALO, N.Y. — Erie County District District Attorney John Flynn announced Thursday there would be no criminal charges filed in connection with the Main Street fire that killed Buffalo Firefighter Jason Arno on March 1.
Flynn said the ATF concluded the fire was accidentally set and that the use of a blow torch caused combustibles inside the building to catch fire.
Flynn said, "not every negligent act resulting in death" leads to criminal charges.
Flynn said the owner of the building hired a contractor, JP Contracting, to do masonry work on the outside of the building. Crews removed a metal door two weeks prior to the fatal fire to complete masonry work and covered it with plywood. Flynn said the plywood did not completely cover the door and there were gaps on the side and at the bottom of the door, along with debris and clothing just beyond the door inside the building.
On the day of the fire, Flynn said workers arrived after 7 a.m. and the ground and building were covered with snow and ice.
He said crews used a propane tank with a blow torch, as well as a leaf blower to melt the ice and snow. They also used a metal shovel to block flames as the torch melted snow around the door.
Shortly after, one of the workers noticed smoke coming from the building, according to investigators.
Flynn said flames from the blowtorch went under the plywood, causing the debris and clothing to catch fire.
Flames quickly engulfed the building, leading to a four-alarm fire response.
Investigators believe Arno — a 3-year member of the Buffalo Fire Department serving with Engine 2 — was killed by collapsing debris. A probe continues to determine if the collapse was triggered by a backdraft, which caused a fiery explosion, or if the collapse occurred first.
Sarah Elizabeth Tierney, the widow of Jason Arno issued this statement after the District Attorney's press conference:
"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.