No criminal charges to be filed from the Tai Ho fire
Suffolk County District Attorney Daniel F. Conley released a statement on Tuesday, saying that no criminal charges will be files in connection with the deadly Tai Ho restaurant fire in West Roxbury on Aug. 29. The blaze resulted in the death of firefighters Paul J. Cahill and Warren J. Payne.
The fire was caused by a heavy grease build up in the vent pipes leading to the roof of the Tai Ho. When an air conditioning unit started to collapse down from the roof, the air ignited the grease into a big fireball that fell on the firefighters.
Autopsy resulted showed that Cahill was legally drunk and there were traces of cocaine found in Payne.
Conley said in his statement:
"On Aug. 29, 2007, Boston Firefighters Warren J. Payne and Paul J. Cahill were killed while fighting a fire at the Tai Ho Mandarin and Cantonese Restaurant in West Roxbury. As with all unnatural or unattended deaths within the City of Boston, the Suffolk County District Attorney's Office, in conjunction with homicide detectives from the Boston Police Department, began an investigation into these deaths to determine whether any crime was committed. After a complete and thorough review of all of the evidence, I have determined that there is no basis for criminal charges to issue.
"In addition, I have authorized the release of the contents of our entire investigative file, including autopsy and toxicology results, to Boston Fire Commissioner Roderick J. Fraser, Jr. and the Boston Fire Department's Board of Inquiry should they wish to review it in the course of their own investigation.
"As in every death investigation, our legal obligation in this case was specifically to determine whether any crime was committed: that is, whether any action by any individual or individuals rose to the level of wanton and reckless conduct, causing the deaths of these two firefighters. The question of the presence of alcohol and/or other intoxicating substances was considered along with all other evidence and in no way changes our determination that there are no criminal charges to attach to the deaths of these firefighters.
"Firefighters Warren Payne and Paul Cahill went into a dangerous fire - an inherently deadly environment - fully aware of the risks. They gave their lives in the line of duty to protect the lives and property of strangers. Nothing in our investigation has produced any evidence that diminishes the magnitude of their sacrifice or the heroism of their actions."
Conley notified Boston Mayor Thomas M. Menino and Boston Fire Commissioner Roderick J. Fraser, Jr., of the investigation's findings via telephone.