Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
In the aftermath of Hurricane Sandy, a volunteer firefighter on Long Island, New York, has been charged in connection with a fire involving two vehicles at his fire station.
Firefighter Steven Pena of the Freeport Fire Department was arrested and charged with fourth-degree arson after he accidently ignited a blaze at the fire station when transferring gasoline from a fire department vehicle to his car using a wet/dry electric vacuum. The gasoline caught fire when the machine tipped over and the cars were completely destroyed in the fire. Two firefighters who responded sustained minor injuries.
The incident occurred yesterday at 1:40 pm. Pena’s attorney said that “the department vehicle destroyed in the incident was not being used for emergency response and had a broken transmission”. Hurricane Sandy has left thousands of residents homeless, stranded and facing severe gasoline shortages.
The fourth-degree arson charge may seem a bit odd to some given that the fire occurred accidentally. Here is the NY statute:
NY Penal Law S 150.05 Arson in the fourth degree.
1. A person is guilty of arson in the fourth degree when he recklessly damages a building or motor vehicle by intentionally starting a fire or causing an explosion.
2. In any prosecution under this section, it is an affirmative defense that no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle.
Arson in the fourth degree is a class E felony.
It would appear this statute is aimed at someone who intentionally starts a fire that then recklessly damages a building or vehicle. Arguably Pena “recklessly” damaged the vehicles, but he would appear to have a defense in that the fire/explosion was not “intentionally” caused. Any NY criminal lawyers out there care to comment?
I would think that petty larceny might be a more appropriate charge, assuming he was siphoning the gas without permission.
