Subject: ARSON

Scope of Presentation:A. IntroductionB. Presentation of Content I. Arson – Definitions II. Terms Related to Arson III. Motives of Arson IV. Locating the Origin of the fire

V. Physical Evidence VI. The Technical Aspects of Arson VII. The Legal Aspects of Arson Cases

Prepared by:

NICANDRO PEÑERO CANALEJA, MM, MBA, DIAP

Police Senior Superintendent (DSC) (B.S. CH.E)Forensic Chemical Officer

ARSONA. Introduction

Arson investigation require a close working relationship with fire personnel in practically every instance. The investigator must acknowledge the existence of this joint effort and be able to function in a manner that indicates a spirit of cooperation and professionalism.

Additionally, these crime require a limited knowledge of the mechanics of each in order for the investigator to be successful in his/her endeavors. Arson as a crime involve complex chemical reactions that can be influenced by the actions of the suspect(s) before and during the event. Numerous types of trace evidence can be located at the crime scene. However, the investigator must be first familiar with the mechanics of each event and the potential evidence that can exist.

B. Presentation of Content

I.Arson - Definitions Arson is defined as the willful and malicious burning of property for the purpose of collecting insurance money, covering up a crime, destroying physical property or documents, or as a threat or act of vengeance or hatred.

- Comes from the Greek word “ARSIO” meaning to burn. - is the willful and malicious burning of building house or house of another man. - The crime of maliciously and intentionally, or reckless, starting a fire or causing an explosion.II. Terms Related to Arson:

A. Combustion – is a rapid oxidation accompanied by heat and light.B. Flames – are incandescent gases produced by the reaction of oxygen with combustible materials. It may be luminous or non-luminous.C. Boiling Point – temperature at which the vapor pressure of the liquid is equal to the atmospheric pressure.D. Fire Point – the lowest temperature of a liquid in an open container at which vapors evolved fast enough to support continuous combustion.

E. Flash Point - the lowest temperature of a liquid at which enough

volatilization will take place to produce an ignitable vapor near its

surface.F. Kindling Temperature – the highest temperature at which

oxidation reaction is rapid enough to maintain combustion without addition of heat from outside.

G. Explosion - a rapid combustion, decomposition of gases and violent increases of pressure usually causing a loud soundH. Fire

In order for fire to occur, there must be two basic elements: a source of heat and material that can be ignited. Fire is the rapid oxidation of substances accompanied by heat and light. Fire can only occur when three essential elements are present: fuel, oxygen, and a temperature sufficiently high to maintain the process of the combustion. Withdrawal of any of the three elements will extinguish the fire.

I. Accelerants

An accelerant is anything that can be used to perpetuate the spread of a fire faster than the normal full load would allow. It can be ignitable liquid, paper, cloth, or anything that can burn and be used to spread the growth of a fire or alter its natural direction of propagation. Anything that would naturally be in the area can be used as an accelerant. Just the repositioning of newspaper or drapery material can be considered an accelerant. The on-scene investigator needs to make that determination.

Accelerants - Types, Classifications, and Techniques A. Ignitable Liquids

Laboratory analysis of fire debris is generally limited to the detection of ignitable liquids. These liquids, as a rule, do not have legitimate reasons for being at the origin of a fire. Therefore, their presence would indicate that a fire was set intentionally.

1. Flammable liquids with a flash point of <100 deg C (e.g., gasoline, pocket lighter fluids, some naphtha paint thinners)

2. Combustible liquids with a flash point of >100 deg C (e.g., kerosene, diesel fuel, some paint thinners, charcoal lighters)

Both will burn; however, flammable liquids are easier to ignite and are more subject to vapor explosions.

B. Ignitable Liquid Classifications Because of the way petroleum products and other ignitable liquids

are manufactured and marketed, it is impossible to positively identify a liquid according to specific brand or manufacturer. With the exception of gasoline, all other ignitable liquids are placed into the following general categories:

1. Light petroleum distillates (LPD), which include pocket lighter fluids, camping fuels, some paint thinning naphthas

2. Gasoline—a category by itself because of the manufacturing specifications and methods used to produce it

3. Medium petroleum distillates (MPD), which include paint thinners, lamp oils, charcoal lighters, and some insecticide carriers

4. Heavy petroleum distillates (HPD), which include kerosene heating oil and diesel fuel

5. Miscellaneous or unclassified ignitable liquids, which include single component solvents and non-petroleum-based ignitable liquids

C. Analytical Techniques for Liquid Ignitables With the use of a gas chromatograph, the analyst can tell the difference between the different classes of petroleum products.

A gas chromatograph is essentially an oven with a tube inside that has a gas flowing through it all the time. A gas chromatograph separates mixtures of compounds in a manner similar to rocks rolling down a river. The smaller compounds travel through the tube faster than the larger compound, just as sand grains will travel down the river faster than rocks and boulders.

Ignitable liquids are complex mixtures of numerous compounds that are prepared to meet specific standards. The gas chromatograph separates these mixtures into their component parts. The resulting patterns can then be compared.

III. Motives for Arson The following are motives that are frequently associated with the crime of arson:

A. Concealment of Other Crimes A criminal may attempt to conceal or destroy evidence of another crime such as murder, burglary, or embezzlement by setting a fire that is designed to appear accidental. The purpose of committing arson in these cases is to destroy records, evidence of the crime that could identify the suspect, and/or make the identification of the victim of a murder impossible.

B. Insurance Fraud In many insurance fraud cases, the suspect may have suffered severe business losses, or has fallen heavily in debt. The suspect will then set a fire with the intent of filing a false insurance claim to regain his monetary losses.

C. RevengeFires generally inflict both physical and financial injury. An

individual who desires to revenge a wrong, either real or imagined,

may seek arson as a means to inflict revenge in the form of injury

or hardship on the victim

D. Sabotage Arson is a highly effective form of sabotage. A disgruntled employee may purposely set a fire in an attempt to harm the business of his/her employer.

E. Pyromania The pyromaniac sets fires in an attempt to satisfy a sexual or other impulse. The pyromaniac usually does not seek any form of insurance claim if it is their own property, or seek material gain from setting the fires. Frequently, the pyromaniac will state simply that it was done for thrill or excitement. Whenever a series of fires of unknown origin occur under similar circumstances in a given area, particularly in abandoned buildings or originate in isolated areas of buildings, these fires may have been set by a pyromaniac.

Pyromaniacs will typically want to view the fire and can sometimes be observed acting very suspicious while they have no apparent reason for being in the area of the fire. These individuals will frequently have evidence of the crime on their person such as traces of flammable liquid, lighting materials, and sometimes tools they used to gain entry to a building.

F. Suicide/Homicide Plot Sometimes an individual will use fire as a means to commit suicide or fulfill a suicide/homicide plot

IV. Locating the Origin of the Fire A. Basic Indicators

The investigator must be able to understand some of the basics of fire in order to fully appreciate the existence of certain indicators that can be used to prove the crime of arson.

1. Examine the Remains for Physical Evidence Once the fire is out, the primary task is to begin examining what remains of the building for physical evidence to indicate how the fire started. The point of origin can be a clue of possible arson. For

example, if two or more distinct points of origin are found, two or more separate fires were deliberately set. Likewise, if the fire started in the middle of a large room or in a closet without any evidence of an electrical device, outlet, or other common source of possible ignition, arson should be suspected. A point of origin in the middle of a bare concrete floor probably eliminates defective heating appliances or wiring.

2. Reconstruct the Scene Points of origin can sometimes be established by reconstructing furniture and walls. Witnesses and occupants can also help pinpoint the origin through their observations as the fire was discovered. The direction of heat flow can be followed by checks for the deepest charring, indications of highest temperature, and duration of heat. Temperatures can be estimated by the condition of metal, glass, wood, plastics, and other materials. Because heat rises, the lowest point of deep char should be considered as the point of origin, however this rule has many exceptions.

3. Determine the Direction of Flame Propagation The direction of flame propagation is influenced by the direction of drafts and winds. The patterns of the burned area will usually indicate the direction. Generally, the origin of the fire will be on the windward side of the burned area since the flame will travel in the direction of the wind or draft.

4. Examine Surface Patterns The surface of charred wood bears a pattern of crevices similar in appearance to the pattern of skin on an alligator. The probable point of origin is normally where both the small checks in the alligator pattern and deep charring are found.

B. Accidental Fires The possibility of a fire resulting from an accidental cause rather than arson should never be overlooked. Accidental fires may be produced by a variety of causes, including faulty electric wiring, overheated electrical appliances, spontaneous combustion of oily or chemically saturated materials such as rags, unattended candles, or careless smoking. The investigator will need to seek physical evidence to support the origin of these fires with the assistance of fire department personnel.

V. Physical Evidence The investigator will be expected to assist in the collection of physical evidence to prove the crime of arson. The following are some of the typical types of physical evidence found at the scene of an arson:

A. Flammable Liquids Usually, the most common indication of arson is the presence of flammable liquids. Even in cases where fire damage is particularly intensive and areas where the scene was completely watered down, there is still a strong probability of detecting flammable liquids. The search for flammable liquids should be concentrated at the point of the origin of the fire. If charred rags or carpet are noted, they should be collected and sent to the laboratory. Furniture, carpeting, carpet padding, and wood flooring into which flammable liquids may have been absorbed, should also be collected.

Flammable liquids are highly volatile and evaporate easily. Therefore, appropriate packaging must be used to preserve these items for analysis. The use of paper or plastic bags or containers will not preserve them. Many of these fluids will react with the plastic and disintegrate the container. Clean metal cans similar to paint cans should be used and tightly sealed with metal lids. Another method is to use glass jars with metal screw cap lids. Metal and glass containers will contain the liquids and their vapors for analysis at the crime lab. The quantity needed is usually very small due to the sensitive instruments used. Laboratory analysis will allow differentiation between the many types of accelerants.

B. Empty Gasoline Containers or Broken Jars Any empty gasoline containers or broken glass or jars found at the scene should be collected as well.

C. Signs of Forced Entry A careful search of all doors and windows should be made to determine if the building had been forcibly entered. If toolmarks are observed, the area should be cut out or an impression made and sent to the laboratory.

D. Trace Materials from the Scene The investigator should collect samples of building materials such as glass, paint, and cement which may have been deposited on the suspect’s clothing. These samples should be collected for purposes of control or known samples.

E. Soil If the fire was started outdoors, soil from the area from where the fire was believed to be started should be collected and tested for the presence of flammable liquids.

F. Trace Materials Left by the Suspect Any materials left at the scene by the arsonist should be collected and preserved. Traces such as items of clothing, hair, blood, tools, etc., can all prove to be important in establishing the identity of a suspect.

G. Trace Materials on the Suspect If the suspect is located, a careful search of the suspect’s person should be made to determine whether anything can be tied to the crime or crime scene. The suspect’s clothing, along with such objects as matches, matchbooks, and incendiary devices should be collected.

H. Trace Materials in the Suspect’s Vehicle If recovered, the suspect’s vehicle should be searched for evidence that can be tied to the crime or crime scene. Any accelerants such as gasoline or kerosene should be collected and submitted for comparison with flammable liquids detected at the scene of the arson. Objects such as tools, matches, matchbooks, etc., should be collected. If such items were found at the crime scene, it is possible to perform a comparison of the matches and matchbook to determine if they were connected to one another at some point.

VI -THE TECHNICAL ASPECTS OF ARSON CASES A. Terms related to Technical Aspects of Arson:

Burning, or combustion, is the rapid oxidation of substances accompanied by the generation of heat and light. Burning occurs only when three (3) essential ingredients are present: FUEL, OXYGEN and HEAT. Obviously, to create a fire there must be present combustible materials. It may be a solid, liquid or gas. Strictly speaking, only gases burn. The solids and liquids must be heated to liberate flammable gases. The gases in turn must be raised to the proper temperature before ignition occurs. Hence, there must be present the material to burn and a source of heat to raise the temperature of the fuel to the kindling point. Finally there must be a supply of oxygen since burning of oxidation. Oxygen may be supplied from the air or from oxidizing agents. And without fuel the elimination or exclusion of oxygen; or when the heat is sufficiently low enough is not capable to maintain the process of combustion; burning will be extinguished.

.

FUEL

HEAT OXYGEN

TRIANGLE OF FIRE/ELEMENTS OF FIRE/ENGREDIENTS OF FIRE

Fuel – Is the most important part of fire triangle, because it is the fuel that burns. Most ordinary combustible are compound of carbon and hydrogen and often contain mineral matter and oxygen. When they burn completely and freely in air, the carbon react with oxygen to form carbon dioxide; the hydrogen combines with the oxygen to form water vapor, and the mineral matter remains behind as ash.

Combustion usually occurs when fuels are in a finely divided vaporous state. A liquid fuel is vaporized and a solid fuel is decomposed by heat before a reaction takes place upon exposure to oxygen. A direct combination of a solid fuel with oxygen is however possible. Glowing charcoal burn without visible flame; solid carbon reacts directly with the oxygen of the air.

Oxygen – colorless, tasteless and odorless gas present everywhere vital to human life. The atmosphere, which contains approximately 21% oxygen, 79% nitrogen, and traces of other gases furnishes oxygen for most combustion. Some materials

contain enough oxygen is readily available form to burn despite the lack of atmospheric oxygen; gunpowder, cellulose nitrate and pyroxylin, are in this category. Some materials, including nitrates, chlorates and peroxides, liberate oxygen when heated, but are in themselves flammable. When mixed with combustible materials and ignited, they promote vigorous burning.

Heat - is any device to start a fire, it is a form of energy that causes a body to rise in temperature, fuse, evaporate or undergo any of certain other related phenomena as a result of inter-action with another body of higher temperature. The heat of the sun rays for instance can dry materials until it reaches a tendery consistency. In addition, if the rays can be focused to a point, the temperature can reach ignition temperature.

Propagation of BurningAfter a burning has started in one part of building, the

heat that is produced may be transferred to other parts of the building, and possibly to other buildings. The transferred heat,

not only facilitates the spread of the fire, but also start other fires that are not directly connected with the first building. Heat is transferred in three ways; by conduction, convection and radiation.

1. Conduction – is the transmission of heat through a medium. Heat that is conducted is transferred from molecule to molecule.

- the passage of heat energy from particle to particle in a substance. Method wherein heat travels through solids or between solids in contact with each other.

For example, heat applied to one end of an iron rod spread throughout the entire iron rod. In a similar manner, walls and floors may conduct heat from a burning portion of a building to other portion and help spread the fire.

2. Convection – heat move from one molecule to another creating a thermal column of fire called convection current which circulars and rise.

- is the diffusion of heat through a fluid (gas of liquid) by means of the flow of the hotter parts of the fluid to the colder parts. For example a fire in a corner of a room will heat the air directly around it. The heated air being lighter than the cooler air, will rise to the ceiling; the displaced cooler air will take the place of the heated air. As this process continues, the heat from the fire will be facilitated.

Radiation – process in which energy in the form of rays of light or heat is send out from atoms and molecules as they undergo internal change.

- is the process by which heat is transferred in straight lines from a source to a receiving material without heating the intervening medium. For example, the earth received its heat from the sun by means of radiation from a building to neighboring building, which may be set a fire or search by the intensity of the transferred heat.

CAUSES OF FIRE:

1. Intentional - is the willful and malicious cause of fire.

2. Accidental - One method of proving arson is to eliminate systematically the possibility of accident. An accidental fire may arise from the working of certain forces such as:

a. natural causes of fire

Example:

1. Sun rays - focused by bubbles in window panes, shaving mirrors or by some peculiarly shaped glass article which may serve as convex lens.

2. Lightning - usually strikes a high point of the building and may be traced in its path to the ground. Traces of lightning are melting of metals parts of the building, streaked paint with burned areas, cracks in the walls, broken bricks and soots driven into rooms from chimney.

b. Fire caused by negligence

Example:

1. Carelessly discarded cigarettes and matches

2. Careless disposition of readily combustible materials such as oily waste.

3. Poorly managed or defective heating system including overheated and over turned stoves; clothes dried too close to a fireplace; line from fabrics coming in contact with chimneys.

4. Spontaneous combustion arising from the storage of articles such as oily or chemically saturated materials such as cloth paper or cotton waste deposited in poorly ventilated places.

5. Electrical mishaps – Specifically, the cause is either an electric or sparking or excessive heat produced in short circuits or the use of a small diameter wire for a great load. Overheating may also be caused by faulty wiring improper voltage, low line capacity, neglected electric motors, appliances, soldering, curling and flat irons.

In the determination of the seat of fire, the fundamental properties of flame had to be considered:

1. Fire always rises. The hot air arising from the flame being lighter that the surrounding air, rises vertically upward taking with it the fire.

2. The upward spread of the faster that in any other directions. If there is a strong horizontal or even downward spread of fire or charring, a search should be made of the cause.

3. The flame are also blown by an air draft so that the spread of the flame is upwards. And in the direction of the air draft.

4. The line of burning can be followed by the depth to which the combustible material have been burnt. Normally, the burning becomes deeper at the seat of fire, except in those cases where secondary burning ensured on the material.

Multiple source of fire – The search from the seat of fire may reveal the presence of more than one source of fire. Ordinarily, this is prima facie evidence of arson. The chances of a fire occuring at any time in the premises is demonstrably small such that the chance of two separate and independent fire are:

1. Splitting of the source of fire into two or more parts such as what would happen if the center part of a clothesline caught fire, split into parts and ignite two distinct and separate places.

2. Flash over from one scene to another spot of a move inflammable nature than the intervening areas.

3. By heat ignition due to the vagaries of draft or conduction.

In arson cases, a “plant” which is a device designed to ignite combustible materials at a later time from its introduction, is most often utilized. This will allow the perpetrator or arsonist to have an opportunity to escape from the premises or leave the neighborhood. With a sufficient time delay, the arsonist may establish an alibi by being present at another place at the time of burning. Exceptionally clever arsonist employ remote control devices to accomplish ignition thus obviating the necessity

of being at the premises to start the fire. The following methods are used in conjunction with accelerants:

1. Heating appliances - Gas and electrical appliances can be employed to supply the heat necessary to ignite a combustible material. The heated such as flat irons, toasters, soldering iron, hot plates and neon lamps of high voltage are placed in contact or proximity with an accelerant, turned on, and abandoned. Sparkers such as electric switches door bells, short circuits and telephone boxes may produce the necessary spark that will set off vapor of volatile fluids such as gasoline present in high concentration. A plant of this nature permits the criminal to be another place and some other person innocently initiate the explosive action.

2. Mechanical Devices which are usually time delay arrangement such as clock or timer devices that can be arranged so that the alarm movement starts the action.

3. Altered equipment such as broken pines on oil burners or sprinkler systems in which combustible fluids have been placed.

4. magnifying lens focused on combustible materials.

5. Animals tied to ignition devices.

6. Trailers made out of wick, rope or cloth and saturated with inflammable liquids to provide a path for the fire.

7. Lighted cigarettes, candles placed near or on an open box of matches.

8. Bombs, pill box, explosives such as TNT, nitroglycerin mercury fulminate, gunpowder and gun cotton, thermit bomb consisting of powdered aluminum and titanium oxide.

9. Molotov Cocktail consisting of a pop bottle filled with gas a streamer of cloth used by rioters.

10. Impregnation of cards with phosphorous that ignites upon drying.

Three types of samples found in connection with offences of arson

1. Samples connecting accused with scene of the fire: Such sample are usually contact samples involving the clothing of the accused. They are normally solid or semi-solid substances present at the scene and could have adhere on the clothing of the criminal.

2. Samples of solid debris:

These include such materials as matches, combustible materials such as firework composition, safety fuse or other materials suitable for use as igniting compound.

3. Inflammable Fluids:

Volatile fluids may survive fire because they are absorbed by non-conducting solids. Such fluids are readily vaporized and lost by the action of current or air.

Additional Information to be Obtained Through Observation of the Color of Smokes/Fumes; and Odor evolved-

1. White smoke with yellow flame – indicates burning of humid materials.

Example: burning hay, vegetable matter.

2. Black Smoke accompanied by large flame - indicates use of petroleum products or rubber and plastics

3. Reddish brown smoke – presence of nitrocellulose sulfur, sulfuric acid, nitric acid, hydrochloric acid.

4. Red flame – presence of petroleum.

5. Blue flame – presence of alcohol, aldehyde or ketone.

6. Biting smoke - irritating to nose and caused coughing indicate presence of chlorine.

7. Garlic odor smoke – presence of phosporous.

8. Heavy brown smoke with bright red flame – Nitrogen products.

9. White smoke with bright white flame – Magnesium10. Black smoke with red and blue flame – Asphalt11. Purple or lavender flame – Potassium12. Greenish – yellow flame - Chlorine or manganese13. Bright reddish yellow flame - Calcium

Specimen to be collected in a Fire Scene 1. Ashes and debris on the suspected fire origin.2. Mechanical and electrical device which may be used

to start a fire3. Bottles and cans with liquid containing possible

inflammable substance and solvents.

Collection and preservation of evidence in a Fire Scene

1. Take a photograph of the original condition of the crime scene.

2. Collect the specimen in a safe and proper container.

3. Label the specimen collected properly indicating the place where the specimens are taken.

4. Put the date, time and the name of person collecting the specimen

5. If the specimen is liquid, put I inside the refrigerator to prevent volatilization (container should be covered).

6. Transport the specimen to the laboratory with the letter request for examination.

Classes of Fire

Class “A” Fire – ordinary penetrating fire from carboceous material such as wood, textile, paper, etc.

Class “B” Fire – surface fires from flammable liquid such as gasoline, alcohol, or other highly combustible chemicals.

Class “C” fire – fires caused by electric short circuits, exposed live wires, overheated electric appliances, etc.

Class “D” Fire – metal fires from foundry shops, gunpowder, dynamite, TNT, lava from volcano, etc.

Class “E” Fire – combustion of any of the above classes of fire.

Kinds of Fire Setting Mechanism.

1. Mechanical Method

a. Matches

b. Candle

c. Alarm Clock

d. Electrical system

2. Chemical Method

a. Phosphorus

b. Metallic Sodium

c. Potassium Chlorate sugar and sulfuric Acid

B. Methods of Examinations:

1. Preliminary Test – ashes or debris suspected to contain inflammable substance is placed on a wide mouth test tube/glass with fitted rubber stopper and heated, fumes evolved is tested with SUDAN or RHODOKRIT powder.

2. Steam Distillation

3. Instrumental Analysis

4. Reporting of final Results

VII. The Legal Aspects of Arson Cases

A. Terms related to Legal Aspects of Arson Cases: Power To Investigate Arson Cases. – Sec 54, RA 6975 – The fire bureau (BFP) shall have the power to investigate all cases of fires and, necessary, file the appropriate complaint with the City/Provincial prosecutor who has jurisdiction over arson cases.

P.D. 1613 – The Law On Arson – Amending Arts 320 to 326-B, RPCWho commits Arson?1. Anyone who burns or sets fire to the property of another2. Anyone who sets fire to his own property under circumstances which expose to danger the life or property of another (Sec 1. PD 1613)

Destructive Arson – (Sec 2. PD 1613) when properly burned is any –

1. Ammunition factory and other establishment where explosives, inflammable or combustible materials are stored.

2. Building, whether used as a dwelling or not, situated in a populated or congested area.

3. Church or place of worship or other building where people usually assemble

4. Train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property.

5. Building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings.

6. Hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building.

Other Cases of Arson – (Sec 3. PD 1613) when properly burned is any–

1. Building used as offices of the government or any of its agencies

2. Inhabited house or dwelling

3. Industrial establishment, shipyard, oil well or mine shaft, platform or tunnel.

4. Plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest.

5. Rice mill, sugar mill, cane mill or mill central.

6. Railway or bus station, airport, wharf or warehouse.

special Aggravating Cases of Arson – (Sec 4. PD 1613) if –

1. Committed with intent to gain

2. Committed for the benefit of another

3. Motivated by spite or hatred towards the owner or occupant of the property burned.

4. Committed by a syndicate

Arson committed by a Syndicate – (Sec 4. PD 1613) – The offense is committed by a syndicate if it is planned or carried out by a group of three (3) or more persons.Prima Facie Evidence of Arson – (Sec 6. PD 1613) –1. Fire started simultaneously in more that one part of the building or establishment.2. Substantial amount of flammable substances or materials are stored within the building not necessary in the business of the offender nor for household use.3. Gasoline, kerosene, petroleum or other combustible substances or materials soaked therewith, or containers thereof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property.

4. Building or property is insured for substantially more than its actual value at the time of the issuance of the policy.5. During the lifetime of the corresponding fire insurance policy, more that two fires occurred in the same or other premises owned or under control of the offender and/or insured.6. Shortly before the fire, a substantial portion of effects insured/stored in the building/property had been withdrawn from its premises except in the ordinary course of business.7. Demand for money/other valuable consideration was made before the fire in exchange for desistance of the offender or for safety of the person or property of victim.

“Corpus Delicti” in Arson It is a well-settled principle of criminal law that a conviction for

a crime cannot be unless the corpus delicti is established (State vs Sulivan)

To establish the corpus delicti in arson, the proof of two(2) elements is required:

1. the burning of the house or other think, and2. the criminal group or party that caused it (Spears vs

State, people vs Ong Chuat Lay)

Elements of Arson1. Actual burning took place2. Actual burning is done with malicious intent.3. Actual burning is done by person(s) legally and criminally liable.

Attempted Arson – A person, intending to burn a wooden structure, collects some rags, soaks them with gasoline and places them beside the wooden wall of the building. When he is about to light a match to set fire to the rags, he is discovered by another who chases him away. The crime is attempted arson. The offender commences the commission of the

crime directly by overt acts, (placing the rags soaked in gasoline beside the wooden wall of the building and lighting a match) but he does not perform all the acts of execution (the setting of the fire to the rags) due to the timely intervention of another who chasses away the offender.

Frustrated Arson – If the person is able to light or set fire to the rags but the fire was put out before any part of the building was burned, it is frustrated (US vs Valdez).

Consummated Arson – But if before the fire was put out, it had burned a part of the building, it is consummated. Any charring of the wood, of a building, whereby the fiber of the wood is destroyed, is sufficient. It is not necessary that the wood should be in a blaze (AM. Jur 98-89) and the mere fact that a building is scorched or discolored by heat is not sufficient to constitute consummated arson. Setting fire to the

contents of a building constitutes the consummated crime of setting fire to a building even if no part of the building was burned (US v Go Foo Suy).

INCIDENT. – the fact that a burning did occur must be established. fire Incident – Date ; Time; Place – address, Location, Official

Designation Affected Building/Structure/premises – Brief and accurate

description; Construction materials(s) used; Age or approximate age; Dimension or approximate dimension.

Fire Station – Station that received the alarm; Time when alarm was received; Time fire fighters were dispatched; Time fire fighters arrived at the fire scene.

Fire Fighting apparatus – Apparatus used in fire fighting; Time apparatus was used; Time apparatus was withdrawn; Time apparatus was officially in operation

Declaration and Designation – Time when fir department declared

the fire extinguished; Official designation of the incident by fire department record.

VALUE. – the fact that the dwelling or structure was of a given value and belonged to a certain person must be established. Approximate value of property Insurance coverage on the property Inventory of stock, fixtures, equipment, and other items of

value within the premises, and the damage as a result of the fire. Name of the occupant at the time of the fire If dwelling was vacant – the length of time that the premises had remained unoccupied. Name of the owner of the property – include all aliases.

FACTUAL EVIDENCE – The basic facts necessary to the commission of the crime must be established. Person who discovered the fire, and his observations

concerning – The building or room that was the first to

burn; The exact origin of the fire. Time when fire was discovered. Time who turned the alarm “ON” Means by which fire was reported How fire occurred, if known Significant information, noise, and sound noticed before,

during, or after the fire Direction in which fire spread Person who was in the building at the time of fire. Person who was in the building last Area that suffered greatest damage Physical evidence discovered

If death occurred – all important data and facts

revealed by the autopsy Photographs, casts of tool mark impressions, and

other evidence of forced entry on doors, windows,

hatches, skylights, or other points of entry. Location and condition of all lights, drops, extensions,

appliances, and fuses. Condition and location of fire-fighting equipment,

such as fire hoses, fire extinguishers (full or empty),

damage alarm mechanisms, and sprinkler systems Evidence of careless storing or placing of flammable

materials such as gasoline, paints, oils, chemicals,

lighter fluid, and cleaning fluid. Condition of wirings – including exposed wiring;

recent repairs (inside and outside); splices,

connections, or alterations

Alterations – Who made alterations; When alterations were made; Type of alteration. Load – Load carried by the wires; prescribed load of the fuses through which the lines were fed. Testimony as to whether or not heat was ever noticed in the wires or terminals before the fire. Machines – Number and type in the room or building; When they were last used; Amount of power they consumed; When they were last tested and serviced Electric motors – Number and type in the room or building; How they were safeguarded against dust; Horse power, voltage, and purpose; Whether “open” or “sealed” type; Length of time they were generally in operations; Defects, if any. Glass objects that may have accidentally caused the fire by concentrating the rays of the sun.

Condition of gas pipes, bottled gas pipes, steam pipes,

air pipes, water pipes Stoves – Number, type, and location; Whether firs

where in the stoves; Kinds of fuel that were used;

Location of fuel source of stoves; Whether stoves

were well insulated; When ashes were last removed;

Where removed ashes were placed; When last cleaned

or serviced; Whether they had pilot lights or similar

continually burning flames. Facts pertaining to devices that may have been found

among the debris methods used to extinguish the fire – water, foam, and

carbon dioxide.

CIRCUMSTANTIAL EVIDENCE – In the prosecution of arson, although circumstantial evidence may convict, it must be established that a suspect was directly or indirectly connected with the crime. Many of the factors listed under FACTUAL EVIDENCE maybe considered under CIRCUMSTANTIAL EVDIDENCE, and vice-versa.

Hearsay, corroborated by evidence, and coupled with the investigator’s appraisal at the scene. Testimony of first person on the premises after fire was discovered – his observations; and his opinion as to the origin of the fire. Circumstances under which the fire was first discovered Testimony of personnel of the fire department who entered the building Time interval between the discovery of the fire and report to the fire department

The type of burning – flash fire, explosion, smoldering

fire, rapidly spreading fire, approximate intensity of

the burning, whether there were separate fines. Presence of color, and odor of smoke. Color, height, and Intensity of flames Alterations or changes made in the building while it

was occupied by the latest tenant, such as the

addition of – partitions, electric wiring, stoves Evidence of possible devices or means by which the

burning started, such as candle, match, timing device,

flammable material. Presence of suspicious person – particularly a loiterer,

in the immediate area of the burning during the 24-

hour period preceding the fire. Evidence that any articles were – Removed from the

premises; Recently repaired Altered; Adjusted in any

way.

Blistered paint, charred wood, melted metal, broken glass or other material that may be found at the suspected or known point of origin. Evidence that liquid chemical, such as alcohol or turpentine, was used to start the burning. Evidence found in the crevices of a table, box, floor that a candle or similar item may have been used. Records – financial or otherwise, or items or materials that the arsonist might have wished to destroy. Information relative to the insurance coverage of the building, structure, premises, or property, or of items and articles of particular value. Data as to mortgages, liens, loans, and financial

status of the suspect. Any action – pending or past – against the suspect or against any member of his family.

Information from inspection of the premises which

may have been made prior to the fire (Such data may

be obtained from city or local fire departments,

insurance carriers, city or local construction permits

and accompanying inspections, and from insurance

underwriters groups.) Direction of any air current within the building during

the burning, as deducted from partially burned wall

paper, depth of charring, or soot deposits. Availability of air within the building during the fire

as revealed by the heaviest concentrations of smoke

and soot. Evidence that the heat created by the inspected

igniting agent was sufficient to kindle the material. Identification of the material burned, e.g. – oils or

chemicals (The laboratory examination of

sample of soot may supply this information) Presence, among the debris, of peculiarly colored ashes

and clinkers, or of traces of paraffin, saturated rags,

waste excelsior, or other fire spreaders. Evidence indicating who – was responsible for the

security of the building; who possessed the keys to

the building; who could had additional keys made. Information as to whether – windows or doors were

normally closed and locked; some windows were

of necessity left unlocked although they were closed;

some, or all, of the windows were normally left open. Weather data, such as – atmospheric temperature;

direction of the wind at the time of the burning;

information concerning any electrical storm that may

have occurred at that time.

Evidence that – a suspect is a known arsonist; the

modus operandi employed in the case under

investigation is similar to that employed by the

suspect in the past. Evidence that fire resulted from spontaneous

combustion. Additional circumstances that may either tend to

prove or disprove the burning as the work of an

arsonist. Scaled photographs or sketches of the scene –

interior and exterior – before, during and after the fire,

supplemented with notes and evidence.

THREATS – Any pertinent statements, utterances, or declarations of a threatening nature made by the suspect or by others concerning the building, the owner, or the tenant who

occupied the property should be considered by the investigator.

MOTIVE – That a person or a group of persons would benefit from the burning. That another crime, such as theft, robbery, or unlawful disposition of funds or properly, had been committed on the premises previous to the fire, and that the burned building contained evidence of the crime. That there were money, stock, or equipment shortages. That worthless items had been substituted for valuable items alleged to have been consumed in the fire. That an impending apprehension, inventory, audit inspection

investigation, or transfer of custody might have revealed evidence of crime, shortages, improper activity or negligence.

That there was jealousy, ill will, or friction between an

employee or between a superior and a subordinate.

INTENT - Intent to set fire to a building may be establish. That a person removed properly of value from a

building or attempted wrongfully to dispose of items

that were not his own before the fire started, That previous to the fire and contrary to normal habit

or practice, personal property was either left in or

moved into a building. That measures were taken to deny normal access to

to the building or area or to impede the entry of

firemen or the utilization of their equipment. That fire-fighting equipment and fire control systems

on the premises were moved from their normal

locations, or were rendered unserviceable previous to

the fire.

That contrary to normal practice, flammable materials

were allowed to accumulate where they start or

accelerate the special of a fire. That a heating or electrical device or system was

tampered with in such a way as to make a fire likely That, contrary to normal practice, doors, windows,

transoms, and ventilating systems were opened

or shut so as to facilitate the spread of a fire. That devices or materials capable of starting or

accelerating a fire were placed in the building. that communicating systems or automatic warning

devices were tampered with or rendered

unserviceable previous to the burning.

That fireman were – deliberately not summoned

immediately after the fire was discovered, summoned

but misdirected so as to delay their arrival. That a person – attempted to prevent or delay

watchmen or guard personnel from reporting the fire;

made a statement or committed an act that was

witnessed, indicating his intention to set a fire.

Direct Profit – “X”, a homeowner who destroys his home

for the insurance proceeds, gains directly when the insurance company settles the claim.

Indirect Profit – “X”, a security guard who starts and

extinguishes a fire in a warehouse where he is employed, gains indirectly when rewarded for quick action in saving the warehouse.

Modern Way To Refinance – “A” bought an old, economically un sound, abandoned and dilapidated building in a depressed area. After several years, the property is sold and resold, back and forth, among the group of “A”, “B”, “C” and “D”. The value of the building increased, at least on paper. The building is then insured at the inflated paper value “A”, “B”, “C” and “D” profited when they collected insurance after a fire destroyed the building.

Sell It To The Insurance Company – “X” bought a car. “X” cannot make additional loan payments and fears the loss of the initial investment. “X” found out that the car is unreliable. Unsatisfied, and the car being insured, “X” considered to burn the car, practically, “selling the car to an insurance company.”

Redecoration By Fire. – “A”, a homeowner, wanted to renovate his kitchen but cannot afford the high cost of labor

and materials quoted by “B”, a contractor. “A” arranged a kitchen fire. Thus, the insurance settlement paid for the renovation.

Welfare Fraud – “X”, a welfare recipient, is either dissatisfied with his current living condition or in need of cash. On his own, “X” transferred to another apartment and brought with hi his expensive properties, replacing them with old ones. “X” then sets on his fire his former dwelling, including the old properties.

Eliminating Competition. – “A” (the owner of a large parcel of land) offered to buy out “Z” (owner of a store), one of “A’s” tenants. “A” wanted to tear down the store and build a parking lot to service the customers of his newly constructed mall. “Z” refused to sell his lease. “A” was eventually arrested and convicted for a fire that destroyed an entire block of stores.

Organized Crime. – “A”, a business man, suffered losses, a result of gambling, involvement with a loan shark, and extortion. “A” accepted “Z”, a member of an OCG, as his new partner. At the extent of the company’s credit, they bought items that may be easily fenced. Under a large debt, the business filed for bankruptcy and the business burned to the ground.

Organized Crime Factions Also Use Arson (And Murder) –

1. To intimidate witnesses

2. To eliminate other criminal factions

3. As a form of discipline to maintain order within their own

ranks.

Demolition Scam. – “A”, a businessman, buys a parcel of land with old and abandoned buildings. The value of the land can be much more higher in the absence of the buildings. The reason for the difference in value is that anyone who might consider buying and building on the property must add on the cost of the demolition of the old structures.

Rehabilitation Scam. – “A” bought an old, abandoned building in a area designated for redevelopment. “A” caused the rehabilitation of a single room. Telephone, water and electrical connections were made. “A” collected receipt for materials that were never bought and for works that were never done. “A” collected from insurance after a fire.

Building Strippers. – “A”, junk dealer or building stripper, started several carefully planned fires. In suppressing

the fires, “XYZ”, the fire department punch or cut holes on the floors and walls, inadvertently saving the building strippers hours of work. This is in addition to the damage caused by the fire itself.

Reasons Behind Arson for Profit –1. Relocation when unable to break a lease or sell the old

location.

2. Dissolution of the business

3. Ridding the business of obsolete or unsalable merchandise

4. Completion of a seasonal business

5. Imminent business failure

6. Upgrading of equipment

7. Labor and union problems

9. Crime in the area.

Suspicious Market Fire – Gather information ASAP after the fire – Relationship

among store owners; Estimated earning; Business records and tax returns. Did the owner/s of the store – reduced supplies before the fire; have financial interest in other stores; applied for loan Suppliers – Names and addresses; Bouncing checks; Overdue bills/debts. Items; Undocumented items; Unlawful items. Fire alarm and sprinkler system – Installed or not; Time of operation; Operational/functioning or not; On or Off, Circumvented. Insurance – Name and address of insurance company; Insurance coverage. Flammable items – Kept in the store (charcoal and lighter fluids, etc.);

Where; Purpose of keeping – Store cleaning; Type of items;

When last used.

Indicators of Insurance Fraud. – Incendiary material Multiple origins Location of the fire Fires near the roof (insurance adjustors may declare

a total loss once the roof is destroyed) Suspicious hours (no witnesses) Holiday fires Habitual claimants fires occurring shortly before policy expiration Vacant building Renovation of building

Recent departure of occupants Removal of objects (woodwork, plumbing, etc) Property for sale previous fire Building over-insured Fires where insurance has recently been obtained Recent sale of building

Revenge and Prejudice – Jilted lovers Feuding neighbors Disgruntled employees Quarreling spouses Persons getting even after being cheated or abused Persons motivated by racial or religious hostility

Vanity – Hero syndrome fire buff arson

Hero Syndrome. – “A”, a security guard who feels that he is

being ignored may start a fire and then save the plant. This “heroic” act may draw attention to the splendid job he is doing and warrant a raise in pay, a bonus, or a reward.

Fire Buff Arson. – A “fire buff” is a person who enthusiastically attends fires, perhaps to associates with and assist fire-fighting personnel.

Juvenile and Vandalism – Juvenile Fire Setters Vandalism Cry for Help Syndrome

Juvenile Fire Setters – Unscrupulous persons – Juveniles Lesser payment, easily convinced Lack of experience Reliance upon whatever supplies are

available (e.g., gasoline) Likely to be trapped and die in any fire they

might set

Vandalism - Common cause ascribed to fires set by juveniles Boredom Revenge General protest - School fires; Fires in abandoned

abandoned cars; Fires in vacant buildings; Fires in

trash receptacles

Cry For Help Syndrome. – Fire setting is behavior that is learned; Children as young as two years old have started fires.

Arson For Crime Concealment – Escaped prisoners Armed robbers

Other Criminals Records Diversionary Tactics Robbery and Murder

Escape Prisoners and Armed Robbers.- Abandon get-away vehicles burn stolen get-away vehicles Destroy fingerprints or other evidence

Murder and Robbery – Destroy evidence that crime was committed Destroy evidence connecting the perpetrator to the crime In case of murder; make it impossible to identify the victim

Fire To Destroy Records – Cases of Embezzlement Cases of Forgery Cases of Fraud

Diversionary Tactics. – Divert attention while the perpetrator robs another building Escape from jail; prison; hospital

Evidence Of Arson for Crime Concealment Includes – Recovery of robbery tools (e.g. crowbar, pick locks, etc.) from the fire scene. Personal property strewn about a room that exhibits little or no fire damage

Detailed Follow-up Investigation Is Required If – business or personal records were left, or file drawers

left open, and exposed to fire Valuable personal items or expensive office equipment

or stock are found to be missing after a close

examination of debris (and presumed to have been

stolen before the fire started.)

Uses Of Psychological Profiling. – Focusing the investigation Identifying potential suspects Developing appropriate techniques and strategies for

interviewing various types of the setters.

Characteristics Common Among Pathological

Arsonists – Less than 25 years old

Reared in distressing and pathological environment Father absent from home Domineering mother Academic retardation Slightly below-average intelligence Social and sexual maladjustment Unmarried Emotional and psychological disturbance Cowardice Psychological inadequacy and insecurity Motivated by a multiplicity of factors Spurred by precipitating stressful situation or experience

Psychological Compulsion. – Manic-Depressiveness

Mania Depression Suicide by Fire Pyromania Schizophrenia Paranoid

Mania – Characterized by – Mood elevation, Physical and mental hyperactivity, disorganized behavior,

Depression – Characterized by – Lethargy, Lack ofConcentration, Sadness or dejection, Disorganized Behavior.

Suicide By fire. – As abhorrent as the idea may be toA rational person, the fact is that people do commit suicide By Fire; Suicide By Fire is rare in Western culture, butCommon in Japan and the most form of suicide inBangkok, Thailand

Pyromania – Has inordinate or ungovernable enthusiasm for

starting fire Lacks conscious motivation for his fire setting Gain sexual gratification Get sensual pleasure Set fires impulsively, the do not plan their fires

Schizophrenia – Most serious of affective disorders Types are – Simple, Hebephrenic, Catatonic, Paranoid characterized by – Disintegration of personality

(inappropriate affect, disorderly thought and

behavior); Withdrawal into self-centered subjective

mental activity (autism)

Paranoid – Most likely to be an arsonist Has excessive and irrational suspiciousness Everything is perceived from a defensive standpoint Uses fire as weapon against whatever is perceived as

a threat

Mass civil disturbance – Indiscriminate burning of

Business, homes, and vehicles during a riot; may incite

those already motivated for arson provide chaos within

Which to escape

Mob Mentality. – People in a mob may commit acts that

They would never do as individuals.

Terrorism. – Terrorism is an action, usually involving the placement of a bomb or fire explosion of great destructive power, which is capable of effecting irreparable loss against the enemy – Carlos Marighella, Brazilian theoretician; Arson perpetrated by terrorists overlooked – media focused on bombings and kidnappings; Primary goal of terrorists is publicity - violence directed against civilian targets.

Diversionary tactic – proceeds of arson insurance fraud to finance covert operations and purchase weapons and equipment

THANK

YOU

AND GODBLESS