Harrison Fire Chief - MVA Followup

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Charges won't be filed against firefighter in last month's Harrison Ave. crash

By NICOLE NEROULIAS

THE JOURNAL NEWS

(Original publication: July 31, 2007)

HARRISON - No criminal charges will be filed against the assistant fire chief whose speed contributed to a two-car crash five weeks ago, the Westchester District Attorney has decided, despite evidence Harrison police say adds up to reckless driving.

The Harrison Police Department turned over the results of its investigation into the June 21 rollover, including an analysis of the "black box" from Assistant Fire Chief Henry Mohr's crumpled sport-utility vehicle, measurements, radio transmissions and witness statements, to the district attorney yesterday.

"The Harrison police did a thorough investigation of the accident, and based on the law and a review of the facts of the case, we found no legal basis for a criminal charge," said Lucian Chalfen, spokesman for the district attorney's office, in an interview this afternoon. "From our standpoint, it's closed."

Mohr, 31, was driving to a rollover on the Hutchinson River Parkway at 7 a.m. June 21 when his fire department SUV collided on Harrison Avenue at Union Avenue with the Jeep driven by Sandra Fugazy, 59, of nearby 239 Sunny Ridge Road. The Jeep ran into a low stone wall at the intersection, and Fugazy was treated for minor injuries; the SUV rolled over about 400 feet north of the intersection, and Mohr was hospitalized overnight with a bruised kidney.

The speed limit is 20 mph on that portion of Harrison Avenue and 15 mph on Union Avenue. State law says that a driver of an emergency vehicle can run red lights "after slowing down as may be necessary for safe operation ... (they may) exceed the maximum speed limits so long as he does not endanger life or property."

Harrison Police Chief David Hall said he believes evidence pointed to a misdemeanor charge of reckless driving, but the department must defer to the district attorney's assessment.

"As far as I'm concerned, our investigation is over," he said. "The district attorney's office has everything, and they don't believe there's enough evidence here to issue summonses, so we're not going to issue any summonses. We may disagree, but that's a whole other issue."

Jack Menz, the attorney for Fugazy, calls the situation "outrageous" and filed a Freedom of Information request for the evidence today.

"You can be sure that if an ordinary citizen had recklessly raced down the street and crashed into a fire department vehicle, that citizen would be indicted," he said. "When the shoe is on the other foot, however, and the ordinary citizen is injured by the reckless actions of a fire chief, nothing comes of it. No prosecution. Not even a ticket."

Hall said he would be happy to "just give (Menz) the stuff" now that the case is closed, but also noted that Mohr's lights and sirens were working at the time of the crash, which may indicate some shared responsibility with Menz's client.

"When you operate a motor vehicle, you are responsible for what's around you," Hall said. "If you have lights and sirens on, there's some culpability there. Is she culpable five percent, 10 percent, who knows? That's for the insurance company to decide."

Mohr, a volunteer firefighter with the department since 1993 and a driver with the town's Department of Public Works, has since returned to his job, but could not be reached for comment.

Second Assistant Fire Chief Dino Del Signore, who was driving behind Mohr at the time of the crash and maintained that his colleague has slowed down at the intersection, said the department had not received any official word on the status of the investigation.

"We haven't heard anything. It's been a while now, we're just sitting and waiting and letting it takes its course," he said. "We'll deal with it when it comes out."

Staff Writer Leslie Korngold contributed to this report.