STRUCTURAL ENGINEER INDICTED FOR ALLEGEDLY LYING TO CITY
INVESTIGATORS PROBING THE CIRCUMSTANCES OF A FATAL BLAZE THAT
CLAIMED THE LIVES OF TWO FIREFIGHTERS

Bronx District Attorney Robert T. Johnson announced today that a structural engineer has been charged with perjury for allegedly lying to city investigators looking into the circumstances of a fatal fire at a discount store, which killed two New York City firefighters in August 2006.

Firefighters Lt. Howard Carpluk Jr. and Probationary Firefighter Michael Riley, both of Engine Company 75, died when the floor of the one story commercial building at 1575 Walton Avenue collapsed as they fought the blaze. This perjury indictment is the result of sworn statements made during the investigation into the circumstances of that fatal fire.

A grand jury has charged Jose Vargas, 83, of 288 West 238th Street, the Bronx, with three counts of Perjury in the 1st degree, a Class D felony offense punishable by a maximum sentence of up to 7 years imprisonment.

Vargas, a Professional Engineer licensed by the New York State Department of Education, is accused of lying under oath to a Department of Investigation Deputy Inspector General for the New York City Department of Buildings. Vargas was being questioned about the renovation of the roof at the site of the fatal fire in July 2000.

According to the indictment Vargas allegedly “swore falsely” three times in response to questions regarding his professional responsibility to ensure that the renovation was in compliance with the construction plans which were filed with the New York City Department of Buildings. These plans called for the use of steel framing to be attached to steel columns by steel bolts. Vargas allegedly swore falsely under oath that he had inspected the work and found it to be in compliance with the filed plans.

In the weeks following the deadly fire in 2006, forensic investigations by the New York City Fire Department and the Department of Buildings revealed that steel had not been used in the construction job that Vargas had overseen six years earlier. However, although the plans indicated that steel would be used, there were no legal or regulatory requirements for steel construction.

While the investigations found that a number of factors, attributable to different individuals, combined to contribute to the fire and collapse; it is our determination that there is insufficient evidence to hold Vargas, or anyone else criminally responsible for the deaths.

Senior Trial Assistant District Attorney Jeffrey Glucksman is prosecuting the case.