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.
Temporarily under revision.
Check back soon!
The California Conference of Arson Investigators has patterned its CFI certification program after the State of California’s certification program with two major differences: 1) The CCAI – CFI program requires the applicant must stand for a written exam and 2) the CCAI-CFI certification requires participation in continued professional training. To keep the certificate valid, a CCAI Certified Fire Investigator must attend 30 hours of approved tested training, or 40 hours of CCAI approved non-tested training or a combination of 40 hours tested and non-tested training every three years, from the date his or her certificate was issued. The hourly training requirement can easily be met by attending two 20-hour CCAI training seminar’s within the three-year period.
To apply, a person does not have to be a member of CCAI; however it is strongly encouraged that everyone in the field of fire investigation belongs to the California Conference of Arson Investigators, the leading organization for training in fire and arson investigations in California.
To qualify, applicants must submit certificates of training showing that they have completed Fire Investigation 1A, 1B, 2A, 2B and PC 832 or its equivalent. If you already possess a Level II Fire Investigation Certification from the State of California, a copy of your certification certificate showing Level II will suffice to validate that you have met the training requirements mentioned above.
Applicants must also validate that they have had the overall responsibility of, and have investigated, 150 fires to determine fire origin and separately to determine fire cause. They must also substantiate that they have testified twice, in court or in deposition (not in the same case), under oath, pertaining to the origin and cause of fires or in the field of explosions. The testimony can be criminal, civil or from deposition but must be directly related to fire origin and fire cause or origin and cause in an explosion incident. In lieu of actual court related testimony, the applicant may complete any one of the below listed courses.
The following courses/classes will meet or substitute for the criteria of the court room requirements:
The question has risen, “If an investigator possesses a California State Fire Investigator II Certification, why would he/she have to verify again that he/she has investigated 150 fires and testified twice in court?” It is the CCAI Board of Directors’ position that, if CCAI is going to certify an investigator, the person’s qualifications must be independently validated by CCAI using documents and under oath statements.
The initial application fee, if you are a CCAI member, is $300.00 and the certification is validated for three years. Renewal of the CCAI-CFI certification, if you are a CCAI member, is $140.00 every three years. If you are not a member of CCAI, the initial application fee is $300.00 and renewal is $240.00 every three years.
Verification of Testimony
Current CCAI Certified Fire Investigators
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