Engines, ladders, Elvis and alcohol.....
Firehouse brawl: Booze, blood, Elvis
Scathing report decribes a scene in which alcohol fueled a violent brawl and a subsequent coverup
Thursday, March 25, 2004
By MICHAEL SCHOLL and FRANK DONNELLY
STATEN ISLAND ADVANCE
The Tottenville firehouse brawl that badly injured a firefighter on New Year's Eve began with an alcohol-fueled dispute over Elvis Presley and led to a criminal cover-up in which, according to one of the firefighters involved, "The truth was never an option."
In a scathing report issued yesterday, the Department of Investigation (DOI) found that firefighters and their bosses at the Amboy Road firehouse tried to hide the beer and sangria party that went on before the bloody two-man fight.
"It is clear the members of Engine No. 151 and Ladder No. 76 made a concerted effort to conceal the presence of alcohol in the Firehouse and the cause of Walsh's life-threatening injuries," the DOI report stated.
The firehouse episode embarrassed a department that has been lauded by New Yorkers since the Sept. 11 attacks, in which 343 firefighters were killed. It led to a crackdown on drinking in firehouses, which is against FDNY rules.
In the latest fallout, Fire commissioner Nicholas Scoppetta yesterday disciplined two lieutenants and two firefighters for their roles in the scandal. Lt. Raymond G. Kane, Lt. Gregory L. McFarland, Firefighter Joseph Spitalieri and Firefighter David P. Johnsen each were suspended for 30 days.
Annadale firefighter Robert Walsh remains on medical leave as he recovers from the assault that left him with a broken jaw, a broken nose and other facial fractures. When he returns to work, however, he will be suspended and served with administrative charges for drinking alcohol on duty.
Rosebank firefighter Michael Silvestri, who allegedly bashed Walsh in the head with a steel chair, was arraigned yesterday in state Supreme Court, St. George, on single counts of first-degree assault, second-degree assault, and fourth-degree criminal weapon possession for wielding the chair. He could serve up to 25 years behind bars if convicted of first-degree assault, the top count against him.
Silvestri pleaded not guilty.
At the prosecutor's request, Justice Anthony I. Giacobbe set bail at $1,000 and ordered Silvestri to return to court on April 20.
The defendant, dressed in a black suit, shirt and tie, stood silently with his hands clasped at his waist throughout the proceeding.
Later, tears welled in Silvestri's eyes as he stood in a first-floor hallway, waiting to face a crush of cameras and reporters outside. His lawyer, Michael A. Barone, put an arm around his Silvestri's shoulder as the defendant wiped his eyes. Neither man said anything. Moments later, Silvestri maintained his silence as he waded through a horde of media representatives to a waiting car.
Silvestri has already served the maximum 30-day FDNY suspension, but remains on desk duty and is facing departmental charges that could lead to his dismissal.
DRINKING ALLEGATIONS
The DOI report, based partly on interviews with firefighters, describes a firehouse out of control after a beer and sangria party.
According to the report, Capt. Terrence Sweeney, who was in charge of the firehouse, gave Walsh money to buy beer at approximately 4:25 p.m. on Dec. 31, prompted by the fact that it was New Year's Eve and the companies had returned from a fire run, a relatively rare event for the Tottenville firehouse.
While Sweeney was "candid" about the open alcohol consumption, most firefighters were evasive, investigators said. Some "reduced themselves to describing the presence of a 'golden liquid' or 'red liquid' at the firehouse," the report said.
The report also said that alcohol also had been allowed into the firehouse on previous occasions,
Sweeney has been demoted, forced to retire and ordered to pay a fine of $90,000 -- one year's pay -- for failing to fulfill his duties.
Silvestri struck Walsh with the chair around 6:20 p.m. after the two men got into an argument in the firehouse kitchen, according to the report.
Walsh, who was about to go off duty and had drunk several cups of beer, and Silvestri, who had just started his shift and was mixing a pot of sangria, began arguing about the date of Elvis Presley's birth. The dispute then got more personal, as the two men exchanged curses and insults.
During the argument, according to the report, Silvestri called Walsh "a big f*g," while Walsh criticized Silvestri for an earlier scheduling maneuver that caused three other firefighters to be denied overtime shifts during Thanksgiving weekend.
"The argument continued for a few moments more and culminated with Silvestri threatening to hit Walsh with a chair," the report states. "Walsh responded by saying he would 'pay' to see him do it, but apparently never expected Silvestri was serious about the threat."
Walsh was walking away when Silvestri picked up a metal a chair and struck him in the head from behind, according to the DOI report.
PHONY STORY
The report says Kane, the night shift commander of Ladder 76 on the night of the assault, concocted a phony story with Sweeney, the day shift commander -- a story that the report says Walsh supported, and may have even suggested -- that Walsh sustained his injuries by falling down the firehouse stairs.
Kane told investigators that he ordered firefighters to clean up stains from Walsh's blood and remove evidence of the alcohol that had been consumed in in paper cups throughout the firehouse prior to the assault.
"The truth was never an option," Kane told investigators at one point.
McFarland, the night shift commander of Engine 151 and Silvestri's immediate supervisor, is chastised in the report for failing to inform his battalion chief about Silvestri's assault on Walsh.
Spitalieri of Ladder 76 drove Walsh and Sweeney to Staten Island University Hospital, Ocean Breeze, after the assault. The report says Spitalieri contributed to the cover-up by falsely telling hospital personnel that Walsh had sustained his injuries by falling down the stairs.
The failure to be truthful with medical personnel hindered the efforts of doctors to treat Walsh's injuries, according to the report. It says their efforts were also hampered by the firefighters' failure to call an ambulance for Walsh.
If an ambulance had been called, paramedics would have had a chance to begin treating and assessing Walsh's condition on the way to the hospital. They would also have alerted the hospital about the seriousness of Walsh's injuries, which would have given the emergency room time to prepare for his arrival.
The report also cites Johnsen of Engine 151 for misleading investigators who were looking into the assault.
Scoppetta suspended Kane, McFarland, Spitalieri and Johnsen without pay for 30 days and hit them with administrative charges that could lead to additional penalties.
The four men were transferred out of the Tottenville firehouse after the assault, and were serving in administrative positions when they were suspended yesterday.
Michael Scholl covers City Hall for the Advance. Frank Donnelly is a news reporter. They may be reached at [email protected] and [email protected].
Here are some of the conclusions in the Department of Investigation report:
*After returning from a fire run, Capt. Terrence Sweeney gave money to Firefighter Robert Walsh and directed him to use it to buy beer for consumption in the firehouse.
*Firefighter Michael Silvestri struck Walsh in the head with a metal chair after the two men got into an argument that began with a dispute over the correct date of Elvis Presley's birth.
*Firefighters declined to call for an ambulance after Walsh was injured. Instead, Firefighter Joseph Spitalieri drove Walsh and Sweeney to Staten Island University Hospital, Ocean Breeze, which is about 11 miles from the Tottenville firehouse.
*During cell phone conversations on the way to the hospital, Sweeney and Lt. Raymond Kane, who had remained behind at the firehouse, agree to tell authorities that Walsh sustained his injuries falling down the stairs.
*Sweeney and Spitalieri deceived hospital personnel by telling them that Walsh had fallen down the stairs.
*Kane directed the firefighters who remained in the firehouse to clean up the firehouse and remove all traces of alcohol.
*Lt. Gregory L. McFarland, Silvestri's immediate supervisor, failed to tell his battalion chief that Silvestri had assaulted Walsh.
*Firefighter David Johnsen provided inconsistent information to investigators about whether alcohol was present in the firehouse at the time of the assault.
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Everyone knows that Elvis' birthday is February 31!
(january 8)
