WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced today that Gree Electric Appliances Inc., of Zhuhai, China; Hong Kong Gree Electric Appliances Sales Co. Ltd., of Hong Kong; and Gree USA Sales Ltd., of City of Industry, Calif., have agreed to pay a $15.45 million civil penalty to the government.
The penalty settles charges that Gree:
Barber v. State
Georgia Court of Appeals, Criminal Case (10/26/2012, 11/5/2012) A12A1624
CRIMINAL PRACTICE: Arson, Accident, Jury Charges, Intent, Insurance Fraud
Alert: The statute defining first degree arson, OCGA § 16-7-60 (a) (3), does not require that the accused set the fire with the intent to defraud the insurer, only that the accused knowingly damage[d] by fire or explosive any insured dwelling without the insured's consent.
Headnote: The Court of Appeals affirmed Kelvin D. Barber Jr.'s conviction for first degree arson, as the evidence supported it. The Court held that the trial court did not erred in failing to charge the jury on Barber's sole defense of accident. Barber argued that he did not have the requisite intent under OCGA § 16-7-60 (a) (3) because he set the fire in order to commit suicide, not to burn or damage the house or cause loss to the insurer. He further argued that the evidence was insufficient to show that he set the fire knowing it would spread to or cause damage to other parts of the house. But the Court explained that § 16-7-60 (a) (3) does not require that the accused set the fire with the intent to defraud the insurer, only that the accused knowingly damage[d] any insured dwelling without the insured's consent by fire or explosive. Here, the evidence, including Barber's statement to the fire investigators, showed that Barber: poured gasoline and lighter fluid throughout the house and garage, and not just on his person, ripped up books and papers and spread them throughout the upper levels of the house as well, and told investigators that he intended for the house to burn, in addition to the vehicle he was inside. Barber also argued that the trial court should have charged the jury on his sole defense of accident, arguing that there was at least slight evidence to warrant the charge. But the Court found that the trial court's charge, given pursuant to Barber's request at trial, included the accident theory of defense.
From Out of the Abyss...
This week's article is from the June 1950 Vol V, No. 5 issue of the California Conference of Arson Investigators newsletter and was written by Lowell W. Bradford.
Physical Evidence Aspects of Fire Investigation
Bugatti is recalling certain model year 2006-208 Veyron vehicles manufactured October 3, 2006, to December 22, 2006. In the affected vehicles, the positive battery (B+) cable and the connection to the alternator may corrode.
The corrosion may result in the battery positive cable overheating, increasing the risk of a fire.
Click here for details.
This recall involves Ryobi 40-Volt Brushless Snow Blowers. Item number RY40802 is printed on the data label on the back of the blowers. The snow blowers are black and green with two LED lights located on the front of the unit and are approximately 22 inches wide by 43 inches tall. “RYOBI” is printed on the front of the snow blowers. The models included in this recall are RY40802, RY40802A and RY40822. The model numbers are printed on the packaging. “40 V” is printed on each side of the snow blowers.
Go to CPSC for more details.
Jaguar Land Rover North America, LLC (Jaguar) is recalling certain model year 2010 Jaguar XF vehicles manufactured December 17, 2008, to April 15, 2009. The affected vehicles have a fuel tank with an outlet flange that may crack, allowing fuel to leak onto the ground.
A fuel leak in the presence of an ignition source may increase the risk of a fire.
This recall involves Cree LED T8 lamps used indoors to replace traditional two pin T8 fluorescent tubes. The white lamps have a cylindrical shape and measure 48 inches long. The affected units are marked as “BT848 Series Lamp” with the product part number on the lamp itself or printed on a white label affixed to the lamp. A four digit date code is printed on the lamp under a statement that reads “Compatible with Instant Start, Rapid Start and Dimmable Electronic Ballasts.”
Read the details at CPSC
IAAI President Peter Mansi welcomed everyone to the International Association of Arson Investigators 66th International Training Conference in Chicago, Illinois this past week, May 18th – 22nd. Around 600 attendees were on hand for a great schedule of classes during the week. Approximately 40 of those attendees were from Central America countries requiring translation throughout the week. CCAI Director Robert Rullan gave a presentation on “CSI” as part of the training as well as assisting with the translation needs of the students.
On opening day, CCAI’s 1st VP, Dale Feb, taught a four-hour class titled “Hearth Products Ignition Source or First Fuel Ignited”. CCAI Member Steve Carmen taught two two-hour classes; “Math for Fire Investigators” and “Elevated Fire Origin Research”. CCAI Member John DeHaan joined up with Instructors Chris Connealy and Kelly Kistner in presenting “Arson Convictions: Reviewing the Science – The Texas Experience”. Jamie and Cameron Novak were on hand to set things on fire in "Burn to Learn". Rounding out the week was Mike Bryant teaching "Investigative Interviewing for Fire Investigations. Many other instructors joined in the training and in all, four separate tracks of education were presented throughout the weeklong conference.
CCAI President Eric Emmanuel represented the CCAI Chapter at the “Presidents Reception” on Sunday night, again during “Opening Ceremonies” on Monday Morning, at the “Chapters Presidents Luncheon” on Tuesday, during the IAAI “Annual General Meeting” on Tuesday afternoon and at the “Awards and Installation Banquet” on Tuesday night. He was seen throughout the week engaging different individuals in conversations and promoting CCAI.
IAAI hosted a Vendor Room where approximately 30 different companies set up display booths and provided valuable information to the attendees. A very active Spousal Program visited some of the many sights and attractions that Chicago has to offer. Monday was spent at the Local Boutiques and Hummel Museum. On Tuesday, the highlight of the week, they visited the Chicago Fire Academy and Fire Museum. Wednesday and Thursday were spent exploring many of the hot spots around the “Windy City” including the Navy Pier, Sky Deck Chicago, Millennium Park and the Cloud Gate Sculpture, Art Institute Museum, Field Museum of Natural History, Museum of Contemporary Art, Shedd Aquarium and Adler Planetarium. The week included lunches at the Hard Rock Café, Rainforest Café, and many of Chicago’s authentic hot dog and pizza restaurants. Before departure on Friday, the group held a farewell breakfast at the hotel. Approximately 28 people participated in the Spousal Program.
During the IAAI “Annual General Meeting”, elections were held. Dan Heenan (Nevada) was sworn in as President, George Codding (Colorado) was sworn in as 1st VP and Scott Bennett (Ohio) was elected as 2nd VP. Darrell Sanders (Louisiana), William T. Moreland (Florida) and Kevin Crawford (Colorado), Chris Van Vleet (Kansas) were elected to the serve three-year terms on the IAAI Board of Directors. Joe Sesniak (Arizona) was elected to serve a three-year term on the IAAI Foundation Board of Directors, and David Snead (Texas) was reelected as president of the Foundation. Immediately following the election, nominations were opened for 2016. CCAI Board Member Robert Rullan was nominated to run for a Director Position next year.
CCAI members Troy Morrison, Jim Allen, Kathryn Varner, Don Perkins, Dennis Fields, Bill Kilpatrick and his wife Debbie, Tom Fee and others made a great showing for California Chapter 22.
UNDER ADVISEMENT RULING
The Court has had under advisement Plaintiff Barbara A. Sloan’s (“Sloan”) Rule 60 Motion. Having read and considered the briefing and having heard oral argument, the Court issues the following ruling.
This recall involves four types of DD branded single-wick candles: Mason jars in 5- and 12- ounce sizes, decorative jars in 10- and 20-ounce sizes, 13-ounce coffee tins and 13-ounce jars with a holiday theme. The candles were sold in a variety of fragrances and colors.
The 5-ounce Mason jars are 2.25 inches wide by 3.75 inches high. The 12-ounce Mason jars are 3 inches wide by 5 inches high. The jars have gray metal lids. The DD logo and the word Handcrafted are in raised letters on the front of the jars. The candle fragrance and size are printed on a hang tang attached to the mouth of the jars.
The 10-ounce decorative jars are 4 inches wide by 3 inches high. The 20-ounce decorative jars are 5 inches wide by 4 inches high and hold a candle. The jars have gray metal lids with the DD logo in raised letters on the top. The candle fragrance and size are printed on a rectangular label on the front of the jar.
The 13-ounce coffee tins are 3.5 inches wide by 4 inches high and have a silver metal lid. The candle size and fragrance are printed on a label that wraps around the outside of the tin.
The 13-ounce holiday candle jars are 3.75 inches wide by 4 inches high and have silver metal lids with the DD logo in raised letters on the top. The DD logo inside a floral wreath, the fragrance and size are printed directly onto the front of the jar in silver.
See the full details at CPSC
Toyota Motor Engineering & Manufacturing (Toyota) is recalling certain model year 2011-2012 Toyota Avalon vehicles manufactured February 9, 2010, to October 22, 2012. In the affected vehicles, the sub-woofer speaker located in the trunk may experience an intermittent electrical short which may cause damage to the integrated circuit (IC) in the audio amplifier. In some cases, the damaged IC may allow a constant electrical current flow to the sub-woofer.
See the full details at NHTSA
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