Cleveland Firefighter Acquitted of Filing False Accident Report

A Cleveland firefighter who was charged with submitting a false report following an apparatus accident has been found not guilty by a jury.

Last June, firefighter Richard Nickerson, 42, was driving Cleveland’s Ladder 36 when it drove into a light tower in a parking lot. Nickerson and his officer, Capt. Ronald Vargo, 50, allegedly submitted reports stating Ladder 36 was cut-off by a white car. However, surveillance video obtained by police showed the truck driving into the light tower as if the driver was not paying attention.

Nickerson and Vargo were charged with filing a false report. Vargo accepted a plea deal in March requiring him to pay a $750 fine and probation. Nickerson opted for a jury trial and yesterday was found not guilty in Cleveland Municipal Court.

His primary defense was that there was insufficient proof that Nickerson himself had submitted the false report.

More on the story.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
x

Check Also

Arson Investigator Should Have Given Suspect Miranda Warning Before Firehouse Interview

An Illinois appellate court has ruled that the failure of a fire investigator to provide a suspect with a Miranda warning prior to an interview, violated her Constitutional rights warranting the reversal of her conviction for arson. Adriane Parke was convicted of arson for a fire that occurred in the Drury Inn in Mt. Vernon, Il.

Magistrate Judge Recommends Georgia Division Chief’s Termination Be Upheld

A US Magistrate Judge in Georgia has recommended the dismissal of all claims brought by a division chief who was terminated after reporting sexual misconduct by other chief officers. Div. Chief Christopher Cox claims that he was terminated by the City of Calhoun in retaliation for reporting a deputy chief and a battalion chief to the fire chief.