BUFFALO, N.Y. (WBEN) It comes as no surprise to Buffalo attorney Terry Connors that the investigation into the fatal fire at 745 Main Street is complete and in the hands of the Erie County District Attorney.
"It was an extensive and comprehensive investigation, done by several
different agencies, both federal and state. Now, the obligation of the chief
law enforcement officer in the county is to scrutinize the investigation
to determine whether or not there is any possibility of criminal prosecution
under New York law."
Connors said it now goes to the DA's office to determine if there was intentional conduct. District Attorney John Flynn has already indicated that there does not appear to be any intentional conduct. But that does not eliminate the obligation by the DA to determine if there was criminal reckless conduct. In other words, Connors said, was there a risk that was disregarded by anyone, which could lead to a criminal case.
Also, was there criminal negligence, which means, did they fail to perceive that there was a risk that resulted in a death?
Connors said those three standards will now be applied by Flynn and his staff.
Whenever a death is involved, the level of investigation is increased.
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"Some fires are easy to investigate. You can easily determine an electrical source. Others, you have to look at the burn pattern and the conduct of the individuals. What were the contractors doing inside the building? And most importantly, you look to see if there were statutes, ordinances or rules and regulations that were violated?
Connors fully expects civil litigation coming out of the investigation because of the loss of life of Buffalo firefighter Jason Arno.