The Associated Press
NEW YORK - A firefighter who was suspended after he and two others were accused of having sex with a woman while on duty in a Bronx firehouse nicknamed the “Animal House” has resigned, the Fire Department said Monday.
Tony J. Deluca, 35, of Ladder Co. 33, resigned Friday. He had faced departmental charges arising from the alleged sexual activity at the Engine Co. 75/Ladder Co. 33 firehouse on Aug. 20, 2004. He had been scheduled to appear at an administrative trial next week at the city’s Office of Administrative Trials and Hearings.
By resigning, Deluca, a fireman for nine years, forfeits all pension, health and other benefits.
The other two firefighters accused of being involved in the sexual activity were Christian Waugh, 31, and Anthony Loscuito, 27.
Waugh was fired Dec. 3, 2004, because he refused to cooperate with a city Department of Investigation inquiry into his alleged role. He sued the Fire Department in March to try to get his job back.
Waugh said in court papers that he was fired because, on his lawyer’s advice, he invoked his constitutional right against self-incrimination and refused to answer questions without complete immunity in a hearing on Aug. 25, 2004.
Waugh’s court papers say the woman’s account of whether the sex was forcible or consensual changed “a number of times.” At the time of the DOI hearing, the woman was saying she was forced while visiting the fire station, according to Waugh’s papers.
Meanwhile, the woman filed a notice of claim indicating she intended to sue the city because she was allegedly “restrained against her will, sexually sodomized, raped” and “severely injured” during the incident.
Bronx District Attorney Robert Johnson’s office conducted an investigation of the incident and declined to prosecute.
Loscuito, currently suspended, is scheduled for an OATH trial Nov. 14.