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Elizabeth Mayor Alleges Arson in 7-Alarm Warehouse Fire

December 22nd, 2011

Elizabeth Mayor Chris Bollwage has stated in a press conference that he believes the 7-alarm fire that has been burning for more than 24 hours at a warehouse on Newark Avenue in Elizabeth was likely arson.  Fire crews first began trying to put out the fire using water and foam over a day ago; however, after these attempts were unsuccessful, local fire department and county officials decided to let the fire burn out.  More than 250 fire fighters from 35 companies have worked on putting out the fire.  If the fire is conclusively ruled an arson and suspects are located, they would be facing very serious criminal charges.

The big concern with letting the fire burn out is the potential for toxic fumes to make their way into the air.  Health officials, who have been monitoring the air quality, state that there is no immediate hazard; however, that could change in the future if there are hazardous materials inside the building.  If criminal charges are filed in this case, the release of hazardous materials could play a role in the criminal case and could serve to increase the charges against any suspects.

Under N.J.S. 2C:17-1(a), “a person is guilty of aggravated arson, a crime of the second degree, if he starts a fire or causes an explosion, whether on his own property or another’s:(1) Thereby purposely or knowingly placing another person in danger of death or bodily injury; or (2) With the purpose of destroying a building or structure of another; or (3) With the purpose of collecting insurance for the destruction or damage to such property under circumstances which recklessly place any other person in danger of death or bodily injury; or (4) With the purpose of destroying or damaging a structure in order to exempt the structure, completely or partially, from the provisions of any State, county or local zoning, planning or building law, regulation, ordinance or enactment under circumstances which recklessly place any other person in danger of death or bodily injury; or (5) With the purpose of destroying or damaging any forest.”  If the fire is not caused purposely or knowingly, but is caused recklessly, arson becomes a third-degree crime.

Anyone convicted of arson in New Jersey faces significant prison time.  A second-degree aggravated arson carries a prison term of up to 10 years, 85% of which must be served before the person is eligible for parole.  Therefore, anyone charged with arson, or any other serious crime in New Jersey, should contact New Jersey criminal defense lawyer Nace Naumoski for representation.

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