FF's accused of causing Sleepy Hollow explosion

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Firefighters accused of causing Sleepy Hollow explosion

By JONATHAN BANDLER

THE JOURNAL NEWS

(Original publication: December 21, 2005)

WHITE PLAINS — An 18-month investigation into a Sleepy Hollow apartment building explosion that left two workers badly burned has ended with criminal charges against two firefighters — one a village police officer — suspected of pouring gasoline down a firehouse sink the day of the blast.

Paul Cappello, the police officer who was an assistant Sleepy Hollow fire chief at the time, and Miguel Valle pleaded not guilty yesterday to assault, reckless endangerment, official misconduct and environmental law charges in the May 16, 2004, explosion at 126 Valley St. They were arraigned in Westchester County Court after a grand jury indictment was unsealed.

Cappello and Valle had removed tainted gasoline from the village's new fireboat that morning. They say they left the gasoline at the village garage, but authorities contend they poured it down the sink at fire headquarters on Beekman Avenue. The gasoline made its way through the sewer system, and vapors entered the basement of the Valley Street building two blocks away through an opening in a sewer pipe.

That afternoon, building superintendent Michael Palmer and his assistant, Robert Shelton, were trying to drain water from a basement crawl space. When Shelton turned on an electric pump, the electricity ignited the gas vapors and a huge ball of flame shot into the crawl space, slamming the door shut and throwing Palmer against an inside wall. Shelton managed to get the door open, and Palmer, engulfed in flames, dived out. Both men have a pending civil lawsuit against the village, the Fire Department and the two firefighters.

"They knew full well the dangers and risks of pouring that gas into the sink. They chose the lazy way to (dispose of) it — the reckless way to do it," District Attorney Jeanine Pirro said in announcing the charges. "They committed acts completely contrary to the positions they held, completely contrary to the knowledge they had."

Pirro said both men had responded to the fire and "tried to make it look like they were heroes."

The case was presented to a grand jury after a lengthy investigation by village police and the Environmental Crimes and Public Integrity bureaus of Pirro's office. There was never any doubt that gasoline was poured into the firehouse slop sink because some of it was discovered in the sewer trap downstairs. Cappello and Valle were the only firefighters there that day; there were no eyewitnesses to the disposal of the gasoline.

Mayor Philip Zegarelli called the criminal charges a "deep disappointment to all the people of Sleepy Hollow" and promised to redouble efforts to gain faith and confidence in the professionalism of the Fire Department by pushing for enhanced membership rules, leadership and training.

Cappello's lawyer declined to comment on the case. Jeffrey Cohen, who is representing Valle, said his client was a longtime volunteer who has spent years in the Fire Department and village ambulance corps, "rushing into burning buildings, winning numerous awards for saving lives."

"He is a very good guy doing noble things," said Cohen, who would not discuss the facts of the case or respond to Pirro's comments. "He's always maintained his innocence."

Valle, 44, is a garage mechanic for the Tarrytowns schools. Zegarelli said he would be asked to resign from the Fire Department or would be suspended, pending the outcome of the criminal case.

Cappello, 37, was suspended from the Police Department two months before the blast for violating departmental policy. He pleaded guilty to disciplinary charges last year and then retired in August of this year after claiming a disability. In September, he was charged with driving while intoxicated after crashing into a tree in Ossining. That case is still pending.

Both defendants face up to seven years in state prison if convicted of the top charge, second-degree assault. Judge Gerald Loehr set bail at $5,000 and both men were expected to be released after posting bail yesterday afternoon.