BUFFALO, NY (WKBW) — There are new developments in the investigation of the destructive fire at a property in Buffalo's Cobblestone District on June 18.
The city has called the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to investigate the cause of the fire at 110-118 South Park Avenue.
The properties, which are some of the oldest in Buffalo, remain at the center of a legal dispute with the city seeking eminent domain from owner Darryl Carr.
7 News Senior Reporter Eileen Buckley has reaction from the city fire commissioner, mayor, and owner of the property.
"Specifically, the cobblestone — arson is always on the table,” remarked William Renaldo, Buffalo Fire Commissioner.
Commissioner Renaldo told reporters Tuesday he has reached out to the ATF to investigate the fire and explained why the blaze is suspicious.
“In the case of the Cobblestone, they didn't have the utilities — no gas, no electric going through the building. These buildings don't generally start themselves on fire, so it is suspicious in nature,” said Commissioner Renaldo.
Buffalo Mayor Byron Brown also announced that an Erie County Court judge reversed a demolition order for the buildings only hours before the blaze ripped through the buildings.
"Judge DiTullio arrived at her decision on the same day as the fire. I’m not trying to connect the two at all. We do have some concerns that the fire is suspicious in nature,” noted Mayor Byron Brown. “But I’m not drawing any conclusion to the judge's decision — the judge's order and the start of the fire.”
The city has been in a court battle for more than a decade with Carr.
Carr wants to demolish the buildings to build a 55-story skyscraper. The case was tried in Buffalo housing court, where a judge issued a demo permit last January. But the city appealed saying the buildings must be preserved.
“Judge Carney had a trial for this -- both sides had witnesses. That's how it was decided that it's going to be an emergency demo, because he determined that. So, it was a hazard then, and that's when you know the walls came down,” Carr explained.
I asked Carr what he thought about the judge's decision coming the same day the fire started.
“I think it was a coincidence. I guess she must have signed that in the morning. We were waiting for that for months,” Carr replied.
"Do you feel like the community is scrutinizing you as to the cause?” Buckley asked.
“No, because it's the same thing with social media, right? You have one person on one side, the other on the other side and let them fight it out,” responded Carr.
Carr tells me he welcomes the ATF’s investigation into the cause of the blaze at his buildings.
“I’m pretty happy they call somebody into investigators, so they'll find the true cause of the fire,” stated Carr.
Carr said he was interviewed a “few times” by fire investigators and welcomes the ATF’s investigation.
“If the ATF wants to talk to me, they can call the National Guard if they want. I'm mean really, I’ll talk to whoever they want me to talk to,” answered Carr.
Commissioner Renaldo told me at some point the AFT will interview the owner and it will add an important layer to an investigation.
“They’re really good at peeling back the onion when it comes to looking for the cause and origin. They come at it from a different viewpoint, that’s why we like to bring them in,” Commissioner Renaldo described.
Below you can watch a drone video from the scene as well as the aftermath
Carr tells me he will appeal this latest decision.
Mayor Brown was very pleased to learn the judge rejected the demolition permit.
“We received a ruling from Judge DiTullio that says the owner of 110 and 118 to not demolish those historic properties. Obviously, the city is very pleased with that ruling that the property cannot be demolished by the owner,” commented Mayor Brown.
The mayor says the city is working to stabilize this building and will do everything possible to ensure the public's safety.
Fillmore District Council Member Mitch Nowakowski issued the following statement regarding the judge's decision:
“I would like to first express my gratitude to the Honorable Sheila A. DiTullio for her judicious application of common sense and adherence to the law in this ruling. It is imperative that this matter be thoroughly investigated. The fire posed a significant threat to pedestrians, firefighters, and emergency personnel. The Housing Court’s authority was overruled, which prolonged the case and led to further deterioration of the structures in the Cobblestone historic district.
It is also troubling that Judge DiTullio's ruling was issued on Tuesday, June 18, 2024, the same day as the devastating fires at 110-118 South Park. The coincidence of these events is gravely concerning and necessitates a comprehensive investigation to ensure the safety and preservation of our historic buildings.
I would like to express my appreciation to the ATF for their collaboration in this matter. It has been brought to my attention that the ATF will be working with the Buffalo Fire Department in this investigation, leveraging their resources as an additional asset to conduct a comprehensive and detailed examination of the incidents at 110-118 South Park.
I would like to once again thank Mayor Brown, the Buffalo Fire Department, and the Department of Permits & Inspections for their teamwork, leadership, and diligent efforts in stabilizing the area affected by the fire.”
