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.
Visit NBCNews.com for breaking news, world news, and news about the economy
by Guy E. Burnette, Jr., Esquire
The term "spoliation" refers to the loss, destruction or alteration of an object which is evidence (or potential evidence) in a legal proceeding. It is a concept first recognized by courts in England more than a century ago which has only recently taken on significance in this country. However, it is an issue of particular importance to the field of fire investigation and will likely become increasingly significant as courts are called to decide the consequences of lost or altered physical evidence in fire litigation cases.
Cordelia Lighting Recalls Two-Lamp Fluorescent Shop Lights Due to Fire Hazard; Sold Exclusively at Home Depot
This recall involves Commercial Electric brand basic hanging shop lights that use two, 48-inch, two-pin, T8, fluorescent lamps. The recalled shop light is a metal light fixture with four plastic lamp sockets and a white finish. It is 48 inches long, 4.25 inches wide and 2.5 inches high and has two 10.5-inch long chains for hanging. The lamp sockets must be snapped into place during installation. Model number CESL401-06 and SKU number 201-462 are printed on a white label on the top of the fixture.
Click here for full details
Paramount Recalls Trident Ultraviolet Sanitation Systems for Pools Due to Fire Hazard
This recall involves all Paramount Trident Series 2 (UV II) ultraviolet sanitation systems. The sanitation systems are a gray tube that stands 32 inches high by 11 inches in diameter. They are plumbed into the pool’s water circulation pipes and plugged in or hard-wired into an electrical system. The pool’s water runs through the unit and is sanitized by ultraviolet lamps. This is a secondary sanitation system used in conjunction with chemical sanitizers such as chlorine or bromine. “Trident UV II” or “Series 2 Trident Ultraviolet Corporation UV Sanitation System” is printed on a black label on the front of the units. In addition, a silver sticker on the units has the following wording “Paramount Series 2 Ultraviolet Pool Sanitizer System,” “Trident Series 2 Ultraviolet Water Treatment System” or “Trident Ultra UV Series 2 Water Treatment System” and a date code of 9/9/2013 or later. Some date codes consist of a series of letters. Consumers with letters in the date code need to go to www.1paramount.com to determine if their unit is included in the recall.
Coffee Break Training
How often have you heard the phrase “back to the basics”? It seems as though every time you turn around you are being instructed to go “back to the basics,” whether it’s with our children and their math homework or it’s in the fire service with establishing a water supply,advancing a hose line, or conducting ventilation. The “basics” are those tasks that you need to complete first, and they must be completed every time.
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