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Investigators Report No Criminal Charges from Fatal Boston Ladder Truck Crash
RUSSELL CONTRERAS
Associated Press Writer
BOSTON - No criminal charges will be filed in connection with a fire truck crash that killed a veteran Boston firefighter earlier this year, Suffolk District Attorney Daniel Conley said Thursday.
Related
In a letter to Fire Commissioner Roderick Fraser, Conley said that an 11-month investigation by police homicide detectives, forensic experts and attorneys found that no one was criminally responsible for the death of Lt. Kevin Kelley in January
Conley said in his letter that human error, insufficient driver training, substandard maintenance of the truck, the street's topography, "and Lieutenant Kelley's self-sacrificing determination to protect civilian lives all combined on that fateful day to send a massive piece of firefighting machinery hurtling toward a tragedy that is still felt almost a year later."
Conley recommended changes in training and maintenance procedures to avoid future accidents, however. The investigation revealed that the truck's brakes failed.
The truck was returning from a medical call when it barreled down a steep hill, went through an intersection and slammed into a building on Huntington Avenue.
Kelley, a 30-year department veteran who was riding in the truck's front seat, died at the scene.
In a statement, Fraser said the report showed that Kelly acted heroically during the final seconds of the crash. Fraser added that the department is adopting some of the recommendations.
"We have already taken steps to remedy the issues raised by the District Attorney, including increasing driver training and hiring civilian supervisors and mechanics," said Fraser.
Conley said he relayed his findings to Kelley's family through their attorney, as they requested.
Kelly's daughter, Susan, released a statement from the family saying they were "gratified" Conley had finished his investigation, and hinted the matter was not over for them.
"We will continue to conduct our own investigation and to vigorously pursue available remedies from all parties responsible for Kevin's wrongful and tragic death," the statement read.
Conley added that he would release the investigative file to Fraser.
Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Associated Press Writer
BOSTON - No criminal charges will be filed in connection with a fire truck crash that killed a veteran Boston firefighter earlier this year, Suffolk District Attorney Daniel Conley said Thursday.
Related
- Boston Herald: No charges in fatal ladder truck crash
- WCVB: No Criminal Charges In Ladder Truck Death
- No Criminal Charges In Deadly Crash Of Ladder 26
- Report Calls for Boston to Fire Truck Inspector
- Report Critical of Boston Fire Department Maintenance
- Boston Fires Fleet Manager
Conley said in his letter that human error, insufficient driver training, substandard maintenance of the truck, the street's topography, "and Lieutenant Kelley's self-sacrificing determination to protect civilian lives all combined on that fateful day to send a massive piece of firefighting machinery hurtling toward a tragedy that is still felt almost a year later."
Conley recommended changes in training and maintenance procedures to avoid future accidents, however. The investigation revealed that the truck's brakes failed.
The truck was returning from a medical call when it barreled down a steep hill, went through an intersection and slammed into a building on Huntington Avenue.
Kelley, a 30-year department veteran who was riding in the truck's front seat, died at the scene.
In a statement, Fraser said the report showed that Kelly acted heroically during the final seconds of the crash. Fraser added that the department is adopting some of the recommendations.
"We have already taken steps to remedy the issues raised by the District Attorney, including increasing driver training and hiring civilian supervisors and mechanics," said Fraser.
Conley said he relayed his findings to Kelley's family through their attorney, as they requested.
Kelly's daughter, Susan, released a statement from the family saying they were "gratified" Conley had finished his investigation, and hinted the matter was not over for them.
"We will continue to conduct our own investigation and to vigorously pursue available remedies from all parties responsible for Kevin's wrongful and tragic death," the statement read.
Conley added that he would release the investigative file to Fraser.
Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Replies to This Discussion
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Permalink Reply by Jack/dt on
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Failing to properly maintain a vehicle is NOT criminal negligence?
http://www.firefighternation.com/forum/topics/report-critical-of-boston-fire
An outside consultants' report says the Boston Fire Department lacks a professional fleet manager and has no defined preventative maintenance program for its vehicles and equipment.
The report says the department's overall approach to maintenance is to react to problems with vehicles, rather than prevent them from happening in the first place.
http://wbztv.com/local/ladder.26.kevin.2.1362283.html
Investigators also concluded that maintenance work on Ladder 26 had been sub-standard since 1999. "Every braking device on the truck was compromised to one degree or another at the time of the crash," Conley wrote in a letter to Boston Fire Commissioner Roderick Frasier.
However, Conley's office found that those circumstances did not rise to the level of reckless conduct or negligence, in order to warrant criminal charges.
I would have to look far and wide to find a better example of bullshit.
Negligence -
3. Law. the failure to exercise that degree of care that, in the circumstances, the law requires for the protection of other persons or those interests of other persons that may be injuriously affected by the want of such care.
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Permalink Reply by Art "ChiefReason" Goodrich on
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I have two blogs related to this topic:
http://www.firefighternation.com/profiles/blogs/a-defective-mainten...
http://www.firefighternation.com/profiles/blogs/signal-5555-lt-kevi...
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Permalink Reply by Bob Crosby on
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Its a real shame when the almighty dollar is placed above the safety of those that place their lives on the line every time the alarm sounds. And someone made the decision to cut proper maintenence programs and if this reflected on the condition of the truck then how can they not be responsible?
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