Solicitor reviews fire probe
Whether criminal charges warranted still uncertain
By Glenn Smith
The Post and Courier
A firefighter walks in front of the burning Sofa Super Store in Charleston, S.C., Monday, June 18, 2007. Nine firefighters died fighting the fire which destroyed the store and a warehouse.
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ATF: Cigarette likely cause; Person at fault remains unknown; firefighters' actions triggered firestorm, report says, published 07/10/08
Charleston police have completed their nearly 18-month investigation into the deadly Sofa Super Store fire, and prosecutors are reviewing the results to see if criminal charges are warranted, Police Chief Greg Mullen said Wednesday.
Ninth Circuit Solicitor Scarlett Wilson said she has begun wading through the "voluminous and thorough" material and hopes to have recommendations on the case within six weeks. "I want to look at everything thoroughly first," she said.
After preliminary conversations with police, Wilson said, she doesn't anticipate finding that the fire was the result of an intentional act, such as arson. She said her review likely will focus on issues of negligence and whether any individual's actions related to the fire rise to the level of a criminal offense.
"If something is there, I imagine it will be in the realm of negligence," she said.
Detectives logged hundreds of man-hours investigating the June18, 2007, fire that killed nine Charleston firefighters. State
Law Enforcement Division investigators and agents from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives assisted with the investigation. Mullen said he is satisfied every angle, theory and lead was explored.
"I feel very comfortable with the review of this event both from an investigative standpoint and with the information we've received from other agencies," Mullen said. "There is not anything that was not followed to the end of the lead."
Mullen remained tight-lipped about what investigators found or whether he is recommending criminal charges be filed in connection with the fire.
Mullen and Wilson also would not reveal if investigators pinpointed the fire's cause. An ATF report released in July said someone probably ignited the fire by tossing a lit cigarette near trash and discarded furniture. Police have not said whether they have identified the smoker in question.
After the fire, investigators spent days picking through the rubble for evidence and clues. They returned with a search warrant two months later and seized more evidence related to possible building and fire code violations.
Some of that evidence was cited in a 272-page report prepared by a city-hired panel of experts. The panel described the sprawling furniture store as a deathtrap, with a maze-like layout, improperly stored solvents, padlocked doors and inadequate exits.
Mayor Joe Riley has maintained that illegally built additions to the store compromised the massive building's fire protection and allowed a small outdoor trash fire to quickly race inside a showroom stuffed with flammable furniture.
The families of eight firefighters who died also cited these factors in civil lawsuits alleging that the store, its owners, furniture manufactures and other companies were negligent in the deaths of their loved ones. Fourteen of those companies agreed last week to a partial settlement of more than $5.6 million, but several defendants remain, including the Sofa Super Store.
Attorney Richard Rosen represents Herb Goldstein, president of the company that owned the sofa store. Rosen said that as far as he knows, the state and federal governments already concluded their criminal investigations into the fire. He said he was unaware the city had turned over any evidence to the solicitor, and he questioned whether the city could independently investigate itself.
Civil lawsuits are won and lost based on the overall weight of evidence. In criminal trials, however, prosecutors must meet a much higher standard and prove guilt beyond a reasonable doubt.
Criminal negligence resulting in death could warrant a charge of involuntary manslaughter, but prosecutors would have to prove that the actions were done with willful and wanton disregard for the safety of others, experts said.
"One thing you would have to show is that there were foreseeable consequences to these actions," said Ken Gaines, a University of South Carolina law professor. "Basically you would have to show there was gross recklessness, that the conduct fell so far from what is required that it needs to be criminalized."
Police had initially indicated they would keep their investigation open until all investigative reports were in.
The National Institute of Occupational Safety and Health and the National Institute of Standards and Technology are still working on their studies of the fire, but Mullen said he felt police had enough information to turn the case over to Wilson.
Newly installed Fire Chief Thomas Carr said the wait for the various investigations to conclude doesn't seem to be a distraction for his firefighters as they attempt to rebuild and move past the tragedy.
"It's not forefront in their thoughts. What I find is people are focused on the future," he said.
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JLWDALFAN (anonymous) says...
how can the city truly investigate themselves and be partial? this was a tragedy and i think it is time to move on. enough of the lawsuits and time to move forward. i think the owner and the employees have been through enough. this was an accident. As far as investigating the code violations, how about also investigate why the city allowed the store to continue operating each year if this was a death trap? how can the victims families move on when we have to keep bringing this up. enough with the greed, it's time to stop, and move ahead.
December 11, 2008 at 6:09 a.m. ( permalink | suggest removal )
reality_woman (anonymous) says...
I agree JLWDALFAN, time to move on and get past this. Greed for money will not bring those men back. Enough is enough. I am so tired of seeing this in the news.
December 11, 2008 at 6:51 a.m. ( permalink | suggest removal )
meg7 (anonymous) says...
For criminal negligence..."Basically you would have to show there was gross recklessness, that the conduct fell so far from what is required that it needs to be criminalized."
Doesn't this describe the fire chief's behavior? Is no one else outraged that this man was able to retire at his leisure instead of being fired?
December 11, 2008 at 8:37 a.m. ( permalink | suggest removal )
SomeTruthPlease (anonymous) says...
This is the most worn-out news that this paper has to offer. This investigation is largely due to public opinion, the opinion that the city itself is to blame...yes, the owner of the Superstore built on an addition that should not have been there, charge him. The city did not provide the men that lost their lives with the proper equipment, that's been proven. Charge them. There were few employees there that day...find the smoker, charge him. The furniture makers that put the foam in the sofas? Whatever...charge them too. Make everyone pay...oh, that's right...everyone is so busy trying to prove that furniture should not be made with foam. This is turned into a blame-throwing greed-a-thon. I've gotten so tired of this information...in the end, so many emotional wounds will be bandaged with the money of others. The city will lose money (oh that's right, the TAXPAYERS) will lose money constructing a memorial that should not be there in the first place. (There should have been NO lives lost that day).
December 11, 2008 at 8:45 a.m. ( permalink | suggest removal )
UrGatorbait (anonymous) says...
Flogging the dead horse comes to mind. this story was buried from the get go and the truth is buried too. You idiots in Chucktown proper deserve everything you get with that little dwarf.
December 11, 2008 at 9:55 a.m. ( permalink | suggest removal )
REDLEG (anonymous) says...
YES IS A WORD THAT WILL BE USED SEVERAL TIMES IN THIS COMMENT...YES, I AM TIRED OF THE NEWS MEDIA! YES, EMPLOYMENT IS AT A ALL TIME HIGH. YES, THE NEWS IS NEGATIVE. YES, THE CITY OF CHARLESTON SHOULD BE ASHAMED OF THEIR ACTIONS WITH THE FIRE DEPT'S LACK OF TRAINING AND CHAIN OF COMMAND. YES, IT IS GRAND THAT WE HAVE A NEW FIRE CHIEF AND RESTRUCTIONING AND EQUIPMENT AND TRAINING AND YES, IT WAS OVERDO. YES, OUR WORK FORCE CHOOSES OCCUPICATIONS AND FIREFIGHTERS HAVE A VERY ALARMING AND DANGEROUS JOB EACH AND EVERY DAY. YES, OUR MILITARY AND POLICE FORCE ALSO HAVE DANGER IN THEIR DAILY LIVES.
YES, ALL OF US SIT WITH OUR FAMILIES EACH DAY, EVERY NIGHT AND AT HOME AND AT WORK ON CONSTRUCTED FURNITURE WITH FOAMS AND WOOD FRAMES...YES, EVEN OUR NEWS ANCHORMEN SIT ON FURNITURE PURCHASED AT THE SAVANNAH STORE, AND OH YES, OUR CHIEF OF POLICE AND OH, YES OUR POLICE AND FIREFIGHTERS ALSO THIER OFFICES ARE FILLED WITH THE SAME..PURCHASED AT THE SAVANNAH SITE.
YES, THE LOADING DOCK HAS HAD FIREFIGHTERS PICKING UP THEIR MATTRESSES AND RECLINERS THERE. YES, THERE WERE PART TIME EMPLOYEES WORKING FROM LOCAL FIRE AND RESCUE SQUADS AT THE STORE ON SAVANNAH HWY. YES, THE STORE WAS INSPECTED AND SIGNED OFF BY OFFICALS STATING ALL WAS WELL.
YES, AN ACCIDENT IS NAMED AS SUCH BECAUSE IT WAS AN ACCIDENT..AND YES, MORE PRECAUTION AND PROFESSIONALISM SHOULD HADE BE TAKEN IN THE FIRE THAT BECAME OUT OF CONTROL...YES, THE HEAT DETECTION CAMERAS WERE LEFT ON THE FIRE TRUCKS..YES, THERE WERE MANY MISTAKES MADE..YES, FIRES HAPPEN FOR ALL REASONS. YES, THERE WERE LIVES LOST LAST YEAR IN NORTH CAROLINA IN A BEACH HOUSE WITH UNDERAGED PARTYING BUT...THIS WAS AN ACCIDENT AND HAS THIS BEEN IN THE NEWS DAILY?..AND MILLIONS OF DOLLARS IN LAWSUITS..MAKING LAWYERS MORE POWERFUL AND RICH?
YES, I AM SURE THAT SOME OF THEIR OFFICES HAVE FOAM AND WOOD CONSTRUCTED ITEMS THAT THEY SIT ON DAILY AND SMILE WITH CONTENT!
YES, IT IS HORRIBLE AND YES, THE FAMILIES HAVE LOST THE MOST DEAREST FAMILY MEMBER..FATHERS AND GRANDPARENTS, BOYFRIENDS AND SONS..BUT THEY CHOSE A DANGEROUS PROFESSION AND WITH THE MONEY COMING IN FROM ALL OVER THE NATION AND LAWSUITS, IS THIS WHAT THEIR LOVED ONES WANTED..TAKE NOTE, MAKE PERSONAL WILLS AND BE WEARY OF YOUR OCCUPATION..YES, MY HUSBAND SERVED OVER 20 YEARS IN OUR ARMED SERVICES AND WORKS IN A CHEMICAL FACTORY..YES, I WORRY EVERY DAY BUT ACCIDENTS HAPPEN .
YES, I AM TIRED AND DEPRESSED EVERY TIME I SEE THIS ARTICLE AND EMOTIONS RUN HIGH AND IT IS THE HOLIDAY SEASON AND YES, I KNOW NOT ALL HAS BEEN SAID AND KNOWN ABOUT BEHIND THE SCENES...LIKE WHAT HAPPENED TO LARRY GARVIN, ASST TO RUSTY THOMAS AS HE SHOPPED AT THE SAVANNAH LOCATION JUNE 11TH AND COMMUNICATIONED OPENLY ABOUT HOW OLD THE STORE WAS AND REMEMBERING THE ADD ONS AND I BELIEVE HIS SIGNATURE WAS ON THE INSPECTIONS...AND YES, STOP LOOKING CITY OF CHARLESTON FOR MORE REASONS TO KEEP THIS GOING.
YES, I WISH THE FAMILIES PEACE AND LOVE AT THIS HOLIDAY SEASON..WILL GIFTS AND MONEY DO THIS?
December 11, 2008 at 10:20 a.m. ( permalink | suggest removal )
bootlicked (anonymous) says...
The only reason this story keeps coming to light is because no one who was really responsible for the loss of lives have been held accountable yet. Negligence at the least should be a no brainer for the solicitor. Rusty Thomas and his boss Cotton eyed Joe are responsible !!!!!!!!!!!!!!!!!!!!! They were warned about the fire department and if I'm not mistaken it was in the form of certified letters. The truth will never be buried deep enough Joe face the facts yours and your bes' Chief in America's time is coming. When you see those really responsible for this pay , not with money, then and only then you all can forget about it like it never happened. I never will and either will many more. Rest in peace brothers their time is coming !
December 11, 2008 at 11:59 a.m. ( permalink | suggest removal )
DreamMom (anonymous) says...
Sounds like King Joe is back at it again....passing the buck. The city failed, not only the fire department, but the citizens of Charleston by not providing up to date training, new technology, and new equipment, and now we want to lynch a business owner. Mayor Riley should follow Chief Thomas' lead and resign. I am glad Solicitor Wilson is that the helm, she won't be bullied by Mayor Riley.
December 11, 2008 at 12:12 p.m. ( permalink | suggest removal )
LittleFish (anonymous) says...
Joe Riley maintains that the fire-- and by extension the tragedy-- was caused by an illegaly built addition?
That's like saying pencils cause misspellings, cars make people drive drunk, and spoons made Oprah fat. The fact is that those brave firefighters were sent into an extreme situation without the proper training, equipment, and chain-of-command discipline. If anyone should be prosecuted, it should be Joe Riley.
Hint for Joe on leadership... even Jimmy Carter could do it. Say, "I am in charge-- and I accept responsibilty for everything my men do, or fail to do."
December 11, 2008 at 12:15 p.m. ( permalink | suggest removal )
blueline (anonymous) says...
Here's wishing that the city would pay as much attention to its public safety workers when they are alive as it does when they are dead.
December 11, 2008 at 9:05 p.m. ( permalink | suggest removal )
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