The final verdicts came in today in the Deutsche Bank Building fire case, and the two remaining defendants, John Galt Corp. and construction supervisor Michael Alvo were found not guilty of numerous felony charges.

Both had been charged with involuntary manslaughter, negligent homicide, and reckless endangerment in connection with the August 18, 2007 fire that claimed the lives of FDNY firefighters Robert Beddia and Joseph Graffagnino. Galt was convicted of a misdemeanor charge of reckless endangerment, which carries a $5,000 penalty.

Two construction supervisors, Jeffrey Melofchik and Salvatore DePaola, were acquitted last week.

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The second defendant in the Deutsche Bank Building fire case has been acquitted of involuntary manslaughter and reckless endangerment charges. Jeffrey Melofchik, 49, walked out of court a free man, joining Salvatore DePaola, 56, who was acquitted yesterday.

Three construction supervisors, DePaola, Melofchik, and Mitchel Alvo, 58, were charged in connection with the August 18, 2007 fire that claimed the lives of FDNY  firefighters Robert Beddia and Joseph Graffagnino. The John Galt Corp., which employed Alvo and DePaola, is also charged.

The state claimed that the supervisors were responsible for a standpipe being inoperative at the time of the fire.  A 42 foot section of the standpipe had been removed leaving the appearance on the upper floors of a functioning standpipe. The 41 story building was in the process of being demolished in the wake of the 9-11 attack.

Defense lawyers argued that DePaola, Melofchik, and Alvo did not understand what the pipe was, and are being used as scapegoats for operational and regulatory blunders by the city and state of New York. The state argued that the defendants should have realized the risk that the pipe’s removal would create in the event of a fire. Beddia and Graffagnino died of smoke inhalation.

The mental state required for a conviction of involuntary manslaughter or reckless endangerment is recklessness, which is commonly defined as consciously disregarding a known and substantial risk of harm.  The “reckless” state of mind has figured prominently in many high profile fire cases, including  Commonwealth v. Welanski (Cocoanut Grove fire), and Commonwealth v. Levesque (Worcester Cold Storage fire).

Recall in another FDNY case, a New York judge took a very hard line when it came to a defendant’s “consciousness” of a risk of harm. In February, 2010, Judge Margaret L. Clancy overturned jury verdicts of reckless endangerment and negligent homicide against the owners/landlords of the tenement on East 178th Street where the Black Sunday fire occurred. In that case she found there was no evidence that the landlords knew about illegal renovations that tenants made.

As of yet, there is no indication of the basis for jury’s ruling in the Deutsche Bank Building fire. Perhaps its was based on mental state, perhaps some other factor. The verdicts for the remaining defendants, Alvo and the John Gault Corp., will be decided by the judge. Both opted not to seek a jury trial but left their fate in the hands of Justice Rena K. Uviller.

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The Supreme Court of Delaware has upheld the conviction of Joseph M. Taye in the death of Delaware City firefighter Michelle Smith. Taye was convicted of murder and sentenced to life in prison for the December 20, 2008 accident.

Smith drove an ambulance to the scene of a prior motorcycle accident, and was attending to the injured motorcyclist at the time she was struck. Taye, a parapalegic who was using a long thin pole to operate the pedals of his vehicle, was returning home from a strip club and was speeding and tailgating the time of the crash. He fled the scene with the help of an accomplice.

Taye was charged with first degree murder based on the fact that he was (1) driving recklessly, and (2) killed a “firefighter” in the performance of her duties. Ordinarily, recklessly causing the death of another person constitutes involuntary manslaughter, but under Delaware law that charge can be increased to murder when the victim is a police or firefighter.

Taye’s attorney did not deny that he was responsible for the accident, but alleged he was merely negligent, not reckless in causing the crash. They also alleged that Smith was acting as an EMT at the time of the accident, not a firefighter.

Taye was convicted of murder by a jury, and appealed the verdict on the grounds that Smith was not a “firefighter” because she was working on an ambulance at the time.

The Delaware Supreme Court dispensed with Taye’s arguments in very short order concluding there was ample evidence in the record of the case for the trial judge to conclude Smith was a firefighter. Here is a copy of the decision. State v. Taye

In 2009, the Delaware legislature enacted Michelle Smith’s Law that extended coverage of the murder charges to adds paramedics, EMTs, fire marshals, and police officers to those expressly covered by the law. Previously the law only mentioned law enforcement officers, corrections employees or firefighters.

The statute now reads:

§ 636. Murder in the first degree; class A felony.

(a) A person is guilty of murder in the first degree when:

(4) The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;

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