By Lou Michel
The Buffalo News
BUFFALO, N.Y. — Inadequate electrical lines inside the Super Speedy Deli, where two Buffalo firefighters perished 15 months ago, overheated and ignited floor joists in the ceiling of the basement, causing the blaze, fire officials said Monday.
There also is evidence that someone was stealing electricity from the meter of a first-floor apartment directly behind the deli, and that, too, may have played a role in the fire, according to a firefighter who has direct knowledge of the investigation.
The firefighter said that there was evidence of electricity being stolen from the rear apartment and that some of it was supplementing the power used by the deli.
A second source familiar with the investigation said that on two occasions prior to the fire, it was discovered that electricity was stolen from the rear apartment’s meter.
What is certain is that electrical lines in the now-demolished 2 1/2-story wood and brick building at 1815 Genesee St. were substandard and that the basement warehouse lacked drywall on its ceiling -- allowing for the deli floor to burn and collapse more quickly than it would have otherwise, according to the firefighter who asked that his name not be used.
Fire Lt. Charles W. “Chip” McCarthy Jr. and Firefighter Jonathan S. Croom fell through a collapsed section of the floor in the early morning of Aug. 24, 2009, and died of smoke inhalation.
Until now, the best explanation the Fire Department could officially offer in the fatal fire was that the cause appeared to be electrical.
The firefighter said that an electrical engineering study funded by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives determined that the amount of electricity coming into the building overheated the wires and most likely caused the fire.
No criminal charges have been filed in the alleged theft of electricity from the rear apartment, which had been vacant, although power was still accessible from the meter.
Dennis J. Richards, the Police Department’s chief of detectives, said that it would be “premature” to say whether charges would be filed in the alleged electricity theft.
Maria “Angie” Heusinger, mother of Croom, said fire officials have told her that electricity from the back apartment’s meter had been flowing into the deli.
The theft, she believes, could have been discovered if the city had performed building and fire code inspections of the rambling multiuse building.
City inspectors, she said, would also have found that the basement warehouse was in violation of building codes that require fire-resistant materials.
“They would have found the illegal wiring and the dangerous setup in the basement,” Heusinger said.
The firefighter who requested anonymity said the basement was packed full of combustible materials that included cigarettes and paper products, which created “a heavy fire load” that burned through the deli floor, where Croom and McCarthy fell.
According to lawsuits filed by the families of both firefighters against the city and the owner of the building and operators of the businesses, the ceiling of the basement warehouse should have been covered with drywall to comply with building codes.
“If it had been properly rated with drywall or a sprinkler system, [the floor above in the deli] would not have failed so quickly,” said attorney Thomas H. Burton, who is representing the fire lieutenant’s widow, Theresa Ann McCarthy.
In legal papers recently filed by attorney Terrence M. Connors on behalf of Croom’s two children, 1-year-old Jonathan and 2-year-old Joanna, the attorney alleges that city officials failed to enforce building code standards on the structure as far back at 1986.
“These violations were never remedied and were continuing up to and on Aug. 24, 2009,” Connors said in legal papers.
The basement, where Speedy Distribution Center was located, required “among other things that the ceiling of the basement be made of thick drywall and that the basement contain fire-protection walls,” Connors stated.
Heusinger says the city is intentionally delaying issuance of a final report on the cause of the fire because of the liability it faces in the lawsuits.
She added that Fire Commissioner Garnell W. Whitfield Jr. has told her that the fire started because of an electrical malfunction.
Besides the city and its officials, the families are also suing Adel S. Abdullah, who owned the building, and his father, Saleh K. Abdullah, who is believed to have operated the businesses there with his son.
The lawsuits also contend that fire officials did not follow protocol in keeping track of the whereabouts of firefighters coming in and out of the burning building.
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