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Supervisor cleared on all charges in Deutsche Bank Building Fire that killed 2 FDNY Firefighters

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AP Photo

 

5-5-5-5 August 18, 2007

Published reports are being stating that the least senior of three construction officials in the Deutsche Bank manslaughter trial was acquitted of all charges today — after telling jurors that he had no idea the giant pipe he helped remove from the basement had anything to do with providing water to firefighters.

A construction foreman charged with the deaths of two firefighters in the Deutsche Bank building blaze was acquitted of all charges. Salvatore DePaola was cleared by a Manhattan jury of manslaughter and criminally negligent homicide on the eighth day of deliberations.

According to reports published in a number of NYC newspapers; “It’s a happy day and a sad day,” said DePaola. “We’ve still got two firefighters that are deceased.” Firefighters Robert Beddia, 33, and Joe Graffagnino, 53 perished after they raced into the burning Ground Zero tower in 2007.

Prosecutors argued that DePaola, who works for the John Galt Corporation, and two of his colleagues should have known a key firefighting pipe had been cut. Salvatore DePaola, 56, of Staten Island, broke into tears as he was found not guilty of manslaughter and reckless endangerment charges in the August, 2007, smoke inhalation deaths of firefighters Robert Beddia and Joseph Graffagnino.

“I had no idea it was a standpipe,” DePaola insisted of the primary physical evidence in the case — a 42-foot section of pipe that all three defendants were accused of intentionally disregarding and discarding after it crashed to the ground from the basement ceiling nine months before the fire.

The jury is still deliberating in the case of DePaola’s colleague, site safety manager Jeffrey Melofchik.

AP Photo   Deutsche Bank office building Fire in New York
 

Jurors have yet to reach a verdict on identical manslaughter and endangerment charges against their remaining defendant, Jeffrey Melofchik, 48, who worked as site safety manager for the demolition’s general contractor, Bovis Lend Lease. They will continue their deliberations tomorrow.

A third defendant, project asbestos abatement director, Mitchel Alvo, 58, has opted for a non-jury verdict; Manhattan Supreme Court Justice Rena Uviller has not said when she will render that decision.

As to who he thought should have been prosecuted in the defendants’ stead, De Paola — whose own son is a firefighter at Engine 160 in Staten Island — made a reference to “lieutenants” with the FDNY before his lawyer advised him to remain silent on that issue, given that deliberations are continuing.

Today was the seventh full day of deliberations in the three-month-long trial.

Previous CommandSafety.com coverage:

Other References and postings;

  • NY Daily News: Battle to save trapped firefighters
  • WABC: Fatal Deutsche Bank fire report released (2008)
  • FDNY Penalties After Deutsche Bank Fire
  • Lawyers: Evidence Withheld in Deutsche Bank Fire Trial
  • FDNY Disciplines Company Officers Following Tragic Deutsche Bank Fire
  • Attorney Claims Deutsche Bank Contractors Are “Scapegoats”  

    • Posted by on June 28, 2011 • Filed under: "Situational Awareness" assessment, building construction, Building Construction for the Fire Service, buildings, buildingsonfire.com, Christopher Naum, construction, Deconstruction, FDNY, fire suppression, firefighting-operations, high-rise, Highrise • Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

    2008 USFA LODD Report

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    You should make time this weekend and slide on over to the United States Fire Administration (USFA) web site HERE. USFA Report HERE

    The United States Fire Administration (USFA) released the report Firefighter Fatalities in the United States in 2008. The report continues a series of annual studies by the USFA of on-duty firefighter fatalities. The USFA is the single public agency source of information for all on-duty firefighter fatalities in the United States each year.An overview of the 118 firefighters that died while on duty in 2008:

    The total breakdown included 66 volunteer, 34 career, and 18 Wildland agency firefighters.

    There were 5 firefighter fatality incidents where 2 or more firefighters were killed, claiming a total of 18 firefighters’ lives.26 firefighters were killed during activities involving brush, grass or Wildland firefighting, more than twice the number killed the previous year.

    • Activities related to emergency incidents resulted in the deaths of 75 firefighters.
    • 28 firefighters died while engaging in activities at the scene of a fire.
    • 21 firefighters died while responding to, and 3 while returning from, emergency incidents.
    • 12 firefighters died while they were engaged in training activities.
    • 13 firefighters died after the conclusion of their on-duty activity.
    • Heart attacks were the most frequent cause of death for 2008 with 45 firefighter deaths

    Take a look at the issues, the factors and the causes. Take the time to think about what you can personally do to make a change, and what your company or agency must do, to support LODD reduction. Especially for those situations that are in OUR control.

    Don’t forget about the resources at the Everyone Goes Home Program, HERE.
    As well as the The Near Miss Reporting System,     HERE

    Posted by on September 27, 2009 • Filed under: Uncategorized • Tagged: , , , , , ,

    Fire Fighter Fatality Investigation and Prevention Program: Leading Recommendations for Preventing Fire Fighter Fatalities, 1998–2005

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    NIOSH issues Report on: Leading Recommendations for Preventing Fire Fighter Fatalities, 1998–2005

    The United States currently depends on approximately 1.1 million fire fighters to protect its citizens and property from losses caused by fire. Each year in the United States, approximately 100 fire fighters die in the line of duty. Sudden cardiac death is the leading cause of fatalities, followed by trauma. In 1998, Congress appropriated funds to the National Institute for Occupational Safety and Health (NIOSH) for a fire fighter safety initiative. As part of this initiative, NIOSH developed and implemented the Fire Fighter Fatality Investigation and Prevention Program (FFFIPP).

    The overall goal of the NIOSH FFFIPP is to reduce the number of fire fighter fatalities. To accomplish this goal, NIOSH conducts investigations of line-of-duty fire fighter deaths to identify contributing factors and to generate recommendations for prevention.

    This document is a synthesis of the 1,286 individual recommendations from the 335 FFFIPP investigations conducted from 1998 to 2005. We hope that the fire service will use this document as a resource and catalyst for developing, updating, and implementing effective policies, programs, and training to prevent fatalities among fire fighters.

    Executive Summary
    The report document summarizes the most frequent recommendations from the first 8 years of the NIOSH Fire Fighter Fatality Investigation and Prevention Program (FFFIPP). The overall goal of the program is to reduce the number of fire fighter fatalities.

    Through 2005, the FFFIPP investigated 335 fatal incidents involving 372 fire fighter fatalities. The investigations encompassed a variety of circumstances such as cardiovascular-related deaths, motor vehicle accidents, structure fires, diving incidents, and electrocutions. Fatalities have been investigated in career, volunteer, and combination departments in both urban and rural settings throughout the United States.

    This document shares the most common recommendations from the 335 investigations and more than 1,286 recommendations that were developed by NIOSH investigators. These recommendations were developed using existing fire service standards, guidelines, standard operating procedures, and other relevant resources over the first eight years of the program. Fire departments can use this document when developing, updating, and implementing policies, programs, and training for fire fighter injury prevention efforts.

    Download or review the NIOSH Report HERE

    Posted by on February 28, 2009 • Filed under: Uncategorized • Tagged: , , , , ,

    The USFA Issued the 2007 Firefighter Fatalities Report- Read It!

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    The United States Fire Administration (USFA) has released today its report Firefighter Fatalities in the United States in 2007. The report continues a series of annual studies by the USFA of on-duty firefighter fatalities in the United States. The USFA is the single public agency source of information for all on-duty firefighter fatalities in the United States each year.”One of the greatest challenges we face as a fire service is to stop the needless deaths of firefighters while in service to their communities,” United States Fire Administrator Greg Cade said. “Every day and across this nation, firefighters are responding to emergencies that threaten the lives of their residents. These same threats also threaten the lives of firefighters.Unfortunately, we all lost far too many firefighters in 2007.”
    During calendar year 2007, there were 118 firefighters who lost their lives while on duty across the United States.The unique and specific objective of Firefighter Fatalities in the United States is to identify all on-duty firefighter fatalities that occurred in the United States and its protectorates, and to present in summary narrative form the circumstances surrounding each occurrence.
    In addition to the 2007 overall findings, this study includes information on the hazards to firefighters presented by the lack of seatbelt use.
    In 2007, 27 firefighter fatalities resulted from vehicle-related incidents.
    In 19 of the 27 incidents where seatbelt status was known, 11 firefighters were confirmed as not wearing seatbelts at the time of the event.An overview of the 118 firefighters that died while on duty in 2007:
    • 68 volunteer firefighters and 50 career firefighters died while on duty.
    • There were 7 firefighter fatality incidents where 2 or more firefighters were killed, claiming a total of 21 firefighters’ lives.
    • 11 firefighters were killed during activities involving brush, grass, or wildland firefighting, the lowest in over a decade.
    • Activities related to emergency incidents resulted in the deaths of 76 firefighters.
    • 38 firefighters died while engaging in activities at the scene of a fire.
    • 26 firefighters died while responding to or returning from emergency incidents.
    • 11 firefighters died while they were engaged in training activities.
    • 15 firefighters died after the conclusion of their on-duty activity.
    • Heart attacks were the most frequent cause of death for 2007, with 52 firefighter deaths.
    For the past 22 years, the USFA has tracked all firefighter fatalities and conducted the necessary analysis for the benefit of the fire service. Through the collection of information on the causes of firefighter deaths, the USFA is able to focus on specific problems and direct future efforts towards finding solutions to reduce the number of firefighter fatalities in the future.
    This information is also used by many organizations to measure the effectiveness of their current efforts directed toward firefighter health and safety.The National Fallen Firefighter Foundation maintains the list of firefighters who die in the line-of-duty and are honored during the annual National Fallen Firefighters Memorial Weekend held each October in Emmitsburg, Maryland.
    Posted by on February 2, 2009 • Filed under: Uncategorized • Tagged: , , , , , , , , , ,