Blaze kills two firefighters, pot grower charged with murder (UPDATED 11/23/05)

Philadelphia Enquirer
25 October 2005

Link

Jurors picked for case of fatal marijuana hothouse fire

Attorneys yesterday selected seven jurors to weigh the case of a Port Richmond man charged with third-degree murder in the case of two firefighters who died battling a blaze sparked by an indoor marijuana hothouse last year.

Daniel Brough, 36, has pleaded not guilty and is free on $150,000 bail. Jury selection is to continue today, and opening arguments are scheduled for Nov. 1.

Capt. John Taylor, 53, of Northeast Philadelphia, and firefighter Rey Rubio, 42, of North Philadelphia, were asphyxiated Aug. 20, 2004, after they became trapped in Brough's burning basement on Belgrade Street.
 
Something that the articles failed to mention is that the firefighters would probably still be alive if drugs were legal. If marijuana was legal, the man probably would not have been growing it and the fire would have never happened.

Tokerman said:
Manslaughter charges are common in these sorts of cases when the act involves a felony in commision. Such as if a innocent driver of a vehicle is killed while a fleeing suspect is evading police and strikes another vehicle.

I have never heard of anyone being charged with murder or manslaughter because of an accidental fire. Just becase it was caused by lighting used to grow illegal drugs should be irrelivent.

He should not be charged in the deaths of the firefighters unless there was something about the way he had the lighting and wiring setup that made it an obvious fire hazard.

Even if the setup was an obvious fire hazard it should not warrant a manslaughter or murder charge. Maybe something like criminal negligence.

chrisisparanoid said:
what a fucking idiot! i hate how on bluelight people always cover for the people growing/using the illegal drugs. the firefighters were trying to save this dickheads house and it was his fault they died. it's even worse because it's an illegal drug.

How is it worse because he was growing an illegal drug? Would the firefighters be any less dead if he was growing legal plants or if it had been caused by an electrical outlet being overloaded?

If his grow-op was setup in a way that created a fire hazard that he was aware of or should have been aware of then maybe some criminal charges would have been appropriate. Fire safety violations or criminal negligence/recklessness.

The same charges would be appropriate if it was caused by somebody plugging 20 things into one outlet or using the same dangerous setup to grow legal plants
 
i dont see how the legality of the substance changes anything, it doesnt make the firefighters any more or less dead. I feel bad for the families,and its unfortunate the men died, but thats their job. Its a job notorious for leaving its employees extra crispy. "No occupants of the house were harmed." and i doubt in their last moments when they saw the pot did they think "fuck we shouldve just let it burn."
 
Philadelphia Daily News
21 November 2005

Man convicted in deadly fire caused by marijuana setup

Associated Press


PHILADELPHIA - A handyman whose basement marijuana-growing operation resulted in a smoky fire that killed two city firefighters was convicted Monday of two counts of involuntary manslaughter.

Daniel Brough, 37, faces three to 12 months on each count when he is sentenced Nov. 29. Jurors rejected two charges of third-degree murder, which would have each carried a prison terms of six to 20 years.

Prosecutor Ed Cameron said Brough caused the fire by placing his marijuana plants too close to a hot light inside a basement closet of his home. Defense attorney William Cannon maintained that the fire started elsewhere.

Fire Capt. John Taylor, 53, and firefighter Rey Rubio, 42, died in the blaze.

"My brother is dead, but I can't hate him," Xiomara Rubio said afterward. However, she questioned why Brough - who lived with his mother, wife and children - risked the safety of his own family and neighbors.

"What he did was wrong," Rubio said. "He should have never created that type of situation."

According to accounts from fire officials, Rubio became disoriented in the smoky basement of Brough's house in the Port Richmond section of the city on Aug. 20, 2004.

With his oxygen running out and his equipment blaring a warning alarm, Rubio apparently became entangled amid debris scattered about the small space. Taylor, officials said, sought to rescue Rubio and died at his side.

The jury also convicted Brough of risking a catastrophe and a misdemeanor drug-manufacturing charge, rejecting his testimony that he was growing the marijuana solely for his own use. Brough testified that he was a heavy pot smoker for some 20 years, but kept the numerous fans and other equipment in the closet in working order.

"He was convinced in his own mind that the grow closet could not have been the source of the fire," Cannon said.

The judge revoked Brough's bail after the jury, which began deliberating Thursday, returned with the verdict.

http://www.philly.com/mld/philly/news/13226323.htm
 
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