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.
SACRAMENTO – in an effort to protect public safety by reducing the use of toxic flame retardants, Governor Edmund G. Brown Jr. today advised state agencies to revise flammability standards for upholstered furniture sold in the state.
Governor Brown has asked the Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation to review the state’s four-decade-old flammability standards and recommend changes to reduce toxic flame retardants while continuing to ensure fire safety.
“Toxic flame retardants are found in everything from high chairs to couches and a growing body of evidence suggests that these chemicals harm human health and the environment,” said Governor Brown. “We must find better ways to meet fire safety standards by reducing and eliminating—wherever possible—dangerous chemicals.” Studies show that humans are at risk from exposure to toxic chemicals used as flame retardants in upholstered furniture. A 2008 study by the Environmental Working Group found that toddlers often have three times the level of flame retardant chemicals in their bodies as their parents, and California children have some of the highest levels of toxic flame retardants in their bodies. A peer-reviewed study by scientists at Cal/EPA found that California women have much higher levels of toxic flame retardants in their breast tissue than women in other states and countries. Researchers from the University of California, Berkeley found statistically significant associations between flame retardant levels in the blood of California women and reduced fertility. The researchers believe this link may result from alterations in thyroid hormone levels after exposure to the chemicals. Numerous studies demonstrate that firefighters have significantly elevated rates of cancer, including non-Hodgkin’s lymphoma and brain cancer. A study published in the Journal of Occupational and Environmental Medicine concluded that firefighters have a significantly elevated risk of cancer that may be attributed to toxic chemicals they inhale, including flame retardants.
The guidelines in place now—Technical Bulletin 117 for flammability standards—will be updated to reflect modern manufacturing methods that can lower the use of harmful chemicals.
The process to change these regulations will include workshops and the opportunity for public comment as well as administrative review.
Governor Jerry Brown State Capitol Building Sacramento, CA 95814
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