New Jersey Chapter International Association of Arson Investigators 2014 Annual Training Conference & Annual General Meeting March 5 7, 2014 Fatal Fire Investigations Presented by: Detective Frank A. Molino Retired Metropolitan Police Department, Washington, DC Introduction: The investigation of a death involving a fire or explosion poses many challenges for investigators. Fire deaths are complex investigations that require a team approach of experienced investigators with specific expertise and training. Every jurisdiction should have a protocol or policy in place to handle a fire death investigation. Implementing a Fire Fatality Response Team is an excellent investigative strategy in dealing with such complex investigations. Investigative Team: The investigative team may consist of: Homicide/Death Investigator Fire / Marshal Investigator Crime Scene Investigators Medical Examiner Accelerant Detection K-9 Forensic Laboratory Electrical Engineer Fire Protection Engineer Toxicologist Forensic Anthropologist Forensic Odontology Prosecutor All team members must work collectively together to accomplish investigative goals. Each member must have a clear understanding of roles and responsibilities. Classification: Death Investigation: Homicide Suicide Natural Accidental Undetermined Fire Investigation: Accidental Incendiary (Arson) Natural Undetermined 1 P a g e
Basic statistical data regarding fire related deaths (2009-2011): 82% of fire related deaths occur in residential buildings. Most fire deaths are a result of accidental fires. The leading cause of fire deaths in residential buildings are Other unintentional, careless actions (16%) and Smoking (15%). 92% of all civilian fire deaths in residential buildings suffer from thermal burns and smoke inhalation. 36% of fire death victims were trying to escape at the time of their death. 35% of fire death victims were sleeping at the time of their death. Most fire death victims die as a result of asphyxiation, and not from the actual flames. Source: National Fire Administration. TERS Volume 14, Issue 2/Civilian Fire Fatalities in Residential Buildings (2009-2011). Dated: April 2013. Indicators of an Incendiary (Arson) fires: Multiple, non-communicating points of origin. Trailers such as paper, cloths, or accelerant. Presence of flammable or combustible accelerants. Un-natural fire spread. Excessive fire damage. Structural damage prior to the fire, such as holes in the floors or walls, to facilitate the spread of the fire. Removal of cherished belongings and important papers. Fire suppression devices tampered with or damaged. Excessive insurance. Arson Motives: Financial gain. Hate, spite, or revenge. Concealment of crime. Intimidation. Large debts or arson for profit. Acts of vandalism. Pyromania (serial arsonist). Hero image. Terrorism (International or Domestic). Initial Investigative Response: If possible the initial scene investigation should consist of two components: 1. Interview and Follow-up Team. 2. Scene Processing Team. Both teams must communicate throughout the investigation. Establishing Initial and Exit briefings with team members (as a group) is an excellent investigative strategy in managing any complex investigation. 2 P a g e
Scene Investigative Challenges: Legal standing (do we need search warrant?) Michigan v. Tyler (1978) and Michigan v. Clifford (1984. Environmental hazardous conditions. Structural damage due to the fire. Firefighters overhauling and moving fire debris. Lack of coordination within the investigative team. Scene not properly secured. Police and Fire command staff on scene. Conflict of witness statements. Media. Fire Origin and Cause Investigation: The fire investigator will use a standard approach to all fire scene investigations regardless of the fire fatality. The investigator will start the scene investigation by examining the exterior of the structure, starting with the least amount of damage, and work towards the most extensive fire damage. Conduct an overview of the fire fighting operation. Examine for fire patterns and charring. Elimination of all possible sources of the fire. Determine the Area and Point of Origin of the fire. Determine the Cause of the fire. Accelerant Detection K-9: An accelerant detection K-9 is an excellent investigative tool, and should be deployed on all fire and explosion related death investigations. Recovered fire debris evidence from a K-9 alert should be submitted and verified through a forensic laboratory analysis. The examination and processing of the body: The death may be a result of a number of factors, and not from a single cause. The cause of the fire and the cause of the death may or may not be related. As in any death investigation, the body should be treated as a piece of evidence. The body should be thoroughly documented of all observations noted by the investigators. Small amounts of blood around the nose or mouth are not evidence of trauma. Investigators should not remove any burned clothing or other artifacts from the body. The body should be clearly photographed before, during and after its removal from the scene. Once the body is removed, the area should be thoroughly searched for any of the decedent s remains. The body should be secured in a clean white sheet and body pouch prior to removal from the scene. 3 P a g e
Autopsy The investigative team should provide the medical examiner with as much information as possible regarding the investigation and victim (decedent). A full autopsy should be completed on all fire death victims. Completed blood work-up for toxicology results Blood Card / sample for DNA testing Photographs Major Case Prints X-Rays. Methods of Identification: Fingerprints. Dental Records. Skeletal Exam / X-rays. DNA. Surgical Devices. Personal effects / Tattoos (Not the sole means for identification). Classification of Burns 1 st degree: Burned area red, swollen, and painful. 2 nd degree: Typically sun blistered; scarring may occur. 3 rd degree: Entire thickness of skin destroyed; scarring is usual. 4 th degree: Complete destruction of the skin and charring of underlying. Note: The above classifications of burns are listed in general medical terminology, some medical examiners and hospital burn units may classify burns slightly different. Effects of Carbon Monoxide (CO): Most fire death victims die as a result of asphyxiation, due to Carbon Monoxide (CO) poisoning. As the amount of oxygen in the air decreases to 15-10% the victim: - Breathes heavier. - Becomes disoriented. - Suffers loss of judgment An oxygen concentration below 10% will cause the victim to become unconscious and / or even death. CO binds 200-210 times more to the red blood cells then oxygen. 4 P a g e
Fire Related Injuries: Treat all fire related injuries as a fire death investigation. A victim suffering from a fire related injury tends to get worse and deteriorate before improving. The first 48 to 72 hours is the most critical time for any surviving victim. Final questions to be answered: Who is the victim, and have they been identified? What was the Cause and Manner of death? What was the Cause and Origin of the fire? Was the victim alive at the time of the fire? If alive, why did the victim not escape? Is there a connection between the victim and the fire? 5 P a g e