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MARCH 25, 2016 Release Number: 16-127

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:

  • knowingly failed to report a defect and unreasonable risk of serious injury to CPSC immediately (within 24 hours) with dehumidifiers sold under 13 different brand names, including Frigidaire, GE, Gree, Kenmore and Soleus Air, as required by federal law;
  • knowingly made misrepresentations to CPSC staff during its investigation; and
  • sold dehumidifiers bearing the UL safety certification mark knowing that the dehumidifiers did not meet UL flammability standards.

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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.

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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

SUMMARY:

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.

CONSEQUENCE:

The corrosion may result in the battery positive cable overheating, increasing the risk of a fire.

Click here for details.

Description

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.

SUMMARY:

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.

CONSEQUENCE:

A fuel leak in the presence of an ignition source may increase the risk of a fire.

Click here for details.

Advanced Explosive Recognition 2013

The Central Valley Arson Investigators association continued the tradition of providing outstanding training at their annual Advanced Explosive Recognition class.  The training was held once again at the Tulare International Agri-Center grounds.  This year’s topic was the history of the American criminal bombings.  Guest speaker Ed Nordskog, LA Sheriff’s Department, lead the class through the history of American bombings, from the earliest bombings in America right up to the most current-day events.



While in the classroom, we were given a taste of what was to come in the afternoon on the range, a few large booms came from the range-site, and this, of course, sparked the interest of the attendees filling the room with anticipation for the afternoon’s activities.  I’m not really sure if that was part of the scheduled shots, or if Frank just couldn’t wait to try out his handy work.

Thanks to Geary Baxter and his crew, everyone was treated to a hot dog lunch with all the fixings, chips, chili, and drinks.  Shade covered bleachers were provided to keep the sun off the students during the demonstrations.  The range was arranged with several props from mail boxes (fairly close to the bleachers), to two transit buses and an ambulance several hundred feet down range.  And, of course, there was a pressure cooker, which was placed down range, so that we could see the effects of a device similar to the one used in Boston.

The students were given the count down, so they could get their cameras ready to capture the moment, “Fire in the hole, three, two, one”!  Our very own Scotty Baker, the voice of the AER range, would call out when each prop was ready to be set off.  This year had more than its fair share of silence when the charge was supposed to go off.  After making our first run down range to get a closer look (and see the handy work of the Sheriff’s bomb team), it was clear what had happened, the fragmentation from the first explosions took out the six-pair lead-in wire.  By the way, the trip down range was in a people mover provided by CVAI; these guys think of everything.

The class was attended by nearly one hundred and fifty students from police, fire, and evidence people from all over the state.  There was even a fellow from New York City in the class (and I thought it was a long drive from San Diego).  There was great representation from the CCAI elected officials; President Scotty Baker, First Vice-president Tom Peirce, Second Vice-president Eric Emmanuele, Director Dale Feb, and myself Director Troy Morrison.

Thanks to all the folks at Central Valley Arson Investigators for all their hard work!!  Another great training class.  We are all looking forward for what is in store for next year when the theme for the AER class will be “First Responders”.

 

Troy Morrison, PIO CCAI

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