Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
The Charleston Post and Courier ran a story today indicating that state law enforcement officials were investigating possible criminal charges against the fire chief and fireground commanders in the June 18, 2007 Sofa Super Store fire that claimed the lives of 9 Charleston Firefighters.
As we have seen in other cases where criminal charges have been filed against firefighters, it has been the family members of deceased firefighters that have been pressuring governmental officials to file the criminal charges. Recall the 30 Mile Fire in Washington state in July, 2001 that killed 4 Federal firefighters. Family members of the deceased firefighters lobbied officials for 5 ½ years to have the IC charged. Finally in December, 2006 Ellreese Daniels was indicted for involuntary manslaughter. He later pled guilty to lesser charges.
According to the Post and Courier, State Law Enforcement Division (SLED) investigators were reviewing the Charleston files for evidence of criminal negligence. The paper reported that “Family members of captains Louis Mulkey and William Hutchinson gave [Ninth Circuit Solicitor Scarlett] Wilson eight binders of materials they say prove that commanders exposed fire crews to unnecessary and deadly risks with insufficient training and leadership.” Wilson reported that she is waiting for computer modeling studies, but turned over all the materials she had to SLED for their investigation.
Echoing the sentiments of Ken Weaver, who’s son Devin was killed in the 30 Mile fire, Mike Mulkey, father of deceased Captain Louis Mulkey is quoted as saying "We're just looking for justice and accountability here."
