Criminal Investigators Send Sofa Store Report; Families Ask Solicitor To Probe Fire Department Negligence

BRUCE SMITH
Associated Press

CHARLESTON, S.C. - State investigators have sent their long-awaited report on a fatal 2007 fire to the Charleston area solicitor, who could use it to decide on possible criminal charges in the deaths of nine firefighters.


Conditions at front of showroom just before the interior search and rescue attempts were halted due to the interior conditions.
(Photo courtesy of the Charleston Post and Courier.)

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Jennifer Timmons of the State Law Enforcement Division told The Associated Press on Thursday the SLED report on the Sofa Super Store fire was sent to Scarlett Wilson this week.

State investigators had originally looked only for the cause of the blaze but the new investigation also included the possibility of negligence.

Wilson, who did not immediately return a telephone call from The Associated Press, has said she was awaiting the report before deciding whether criminal charges should be filed in the June 18, 2007, fire.

Wilson said earlier that while the initial SLED probe centered on the cause, she asked for the second investigation after families of two of the victims, concerned about negligence by fire department leadership, came to her in October 2009.

Wilson said there had been a change in SLED leadership and the agency agreed to look into the matter.

A 2008 report by a group of fire experts hired by the city concluded inadequate training, outdated tactics and aging equipment helped lead to the deaths of the firefighters.

Mike Mulkey, who lost a son in the fire, and the family of fallen firefighter William Hutchinson were both concerned the city police department had no business investigating its own fire department.

Wilson said earlier she had seen nothing to indicate the police had a conflict of interest but thought it would be a good idea for the state to investigate as well.

"We're just going to be patient and let this go forward," said Randy Hutchinson, the brother of one of the fallen firefighters and a former firefighter himself.

But he said it isn't really fair to Wilson that she has to consider the case involving agencies in her home community.

Hutchinson added that, depending on what happens, the families could ask the state attorney general to appoint another solicitor to consider the matter.

A separate federal study released late last year concluded sprinklers on the loading dock would have contained the fire.

The Commerce Department's National Institute of Standards and Technology also found that firefighters breaking front windows about 40 minutes after the fire started had let flames spread quickly through the showroom.


Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

NIST Briefing on Sofa Super Store Fire Behavior, November 2010

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Negligence. What is the price tag on negligence? Does NFPA have a standard on negligence? NO! Negligence is a mindset, an attitude. It's the ugly cousin of COMPLACENCY! Should negligent people be held accountable, YES! Is this a touchy situation, absolutely!

This could...

A) Be a wake up call for those who refuse to grow and change with their communities needs. Realizing that, especially with the internet, their is little or no excuse for using out of date strategies and tactics. Knowledge is at your fingertips, networking is at your fingertips. NFA classes are FREE! In SC, many state academy classes cost the FD $5. NO EXCUSE FOR NOT BEING CURRENT ON MODERN FIREFIGHTING PRACTICES.

B) A slippery slope where LODD reports (internal and external) become vanilla to avoid litigation and lose any benefit to the suffering FD, its members or the fire service in general. This is ultimately a disservice to the fallen that their sacrifice may not be learned from.

Hopefully, through this thing, the memory of the Charleston 9 won't be lost in finger pointing and positive lessons will be learned, some the hard way.

Be SAFE

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