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When
You’re the First Officer at a Suspicious Scene,
You’ll Be Glad You Read...
A Field Guide to Incident
Analysis
By Ed
Comeau and Ronald F. Tunkel
This
article appeared in the May/June, 2000, issue of National
Fire & Rescue Magazine. Reprinted with
permission
© 2000 National
Fire & Rescue Magazine
You’re on
the scene of a fire, and you’ve just finished getting it under
control. Your crew is completing overhaul, but something has been
nagging at you. What
is it about this fire? The operation went well...no one was
hurt...there were no victims that had to be rescued. Then you
remember...
This
could be any fire...any time or anywhere. While a number of fires are
caused accidentally, every fire should be considered “guilty” until
proven innocent, until you fully understand its origin. There are times
when it may appear obvious what started the fire. Of course—it was a
cigarette. Or electrical malfunction. Or a stove. Or children playing
with matches. On the other hand, was it? Are you really sure?
According to the National
Fire Protection Association’s 2000 arson report, “Only about 2
percent of set fires lead to convictions.” While there are a number
of factors that contribute to this low figure, one of the first steps
in building a successful prosecution is identifying that a fire may
indeed have been deliberately set. If the cause of a fire is not
accurately determined at the very beginning, then there may be no
perceived need to follow up and attempt to determine who had the means,
motive and opportunity to set it.
The NFPA reports that
arson fires are at a 22-year low. However, despite this fact,
incendiary and suspicious fires are the largest cause of property
damage in the United States.
It’s important that the
company officer have an understanding of some of the basics behind
arson and arsonists. Just as in emergency medicine, if the responder
has an understanding of a disease, the symptoms will help in diagnosing
the problem.
A Question of Motives
There are generally six
recognized motives for arsonists:
Vandalism. One of the
frequent targets of vandalism-motivated arsonists is schools.
Excitement. Arsonists who
fall into this category are the thrill-seekers, or people who are
looking for attention.
Revenge, which can include
personal, societal, institutional or group retaliation.
Crime Concealment. Arson
is a useful tool, and can aid and abet a primary crime being committed.
That crime can range from theft to homicide, with the fire being used
to hide the crime.
Profit. Arsonists can
either profit directly from setting the fire, by collecting on an
insurance policy, for example, or indirectly by eliminating a
money-losing business.
Extremist. Arson can be a
weapon for political purposes. Targets include politically
controversial sites, such as abortion clinics and mink farms.
Interview Strategies
Besides physical
indicators, there is a wealth of information that can be obtained from
witnesses who are at the scene during firefighting operations. These
are very crucial witnesses, because they may have valuable information,
but are probably going to leave the premises as soon as the fire is
over and there isn’t anything left to watch.
The first-due officer can
approach these people and try to learn if anyone has information that
could be of value and whether further investigation is needed. If no
effort is made to talk to these people, the critical information they
might have is going to walk away when they do.
Studies indicate that 90
percent of all the information we process is received subconsciously.
Bearing in mind that both witnesses and suspects may be present at the
fire scene, the following are some suggestions for the officer who
needs to quickly identify which persons should be interviewed and what
may be learned from them:
• Initial observations
are crucial. It can prove invaluable if first responders are able to
capture images of the people present in the crowd. Many arsonists have
been identified simply by being observed on-scene at different fires.
Having a photographic record of who is present can allow you to
identify and interview individuals later, if necessary.
• In sizing up the
crowd, trust your instincts. Studies of arsonists suggest that you
should first pay attention to someone who is alone in the crowd. If you
do start to focus on someone, you should consider the following two
questions when observing and analyzing their behavior:
Is the behavior
EXPECTED or EXCESSIVE?
Is the behavior
CONSISTENT or INCONSISTENT?
An example of this point
occurred in a recent case where the parents of five children who were
killed in a fire were standing around outside the burning home, and
calmly asking bystanders for cigarettes while their children were still
trapped inside. This behavior was inconsistent with the actions
of most living creatures whose young are in the process of horribly
dying.
• It’s important to
ask the right questions. Many upstanding people will not volunteer
information to law enforcement simply because they’re afraid or
because of their personal policy of “not getting involved,”
“minding their own business,” or “not being a snitch.” At the
beginning of an investigation, however, you may miss critical witnesses
and information if you do not ask the right questions, so it’s
crucial that you make the effort as much as possible.
• Be direct in asking
questions. We’re not dealing with Miranda situations or complex
interview strategies at this point. Ask “Did anyone see anything?”
“Do you know who did this?” “What happened here?”
“If anyone has information, would they please help us?” This
last question, the request for help, is a powerful motivator for
reluctant witnesses. People are programmed to want to help one another
and to do right. It applies to the most saint-like of citizens and to
the most sinister.
• It’s important that
you both listen and observe. Too often we all make the mistake of
asking a question and rather than devoting our full attention to the
answer, we are already thinking of what we will say or ask next. A
great deal of information is often revealed by how people answer our
questions.
• A direct question
should receive a direct answer; and anything else should be considered
suspicious. In answer to the question “Do you know who started the
fire?” a truthful person would either say “yes” or “no.”
Conversely, if the response is a question, such as “Why do you think
I would know who did it?” or “Do you suspect me?” or “Why
should I help you?” then the officer should realize these are not
direct answers and suggests that the speaker may be concealing
information.
• Other classic
indicators of deception are stalling mechanisms that the speaker uses
to “buy” time and consider what he should say. Examples include
asking you to repeat the question, or repeating the question himself.
Stuttering, coughing or clearing the throat may be used to buy precious
seconds while the speaker thinks of what to say.
• There are times when
indirect questioning is a valuable tactic, too. In response to indirect
questions, listen closely to what the subject says and again ask
yourself if what he is saying is consistent with what a person
who is truthful or not involved would say.
For example, when most
people are asked what the consequences should be for a person who has
committed a crime of violence, the answer usually is prosecution,
prison, and/or execution. A guilty person may say something such as
“community service” or that the offender needs help. Any
answer that minimizes the exposure to what would be considered normal
punishment should be considered suspect.
Another example can be
seen in the response to the question “Is there any reason someone
would say they saw you at the scene prior to the fire?” An innocent
person will usually answer that with “no,” or “Well yeah, I work
here and was on duty at that time.” Suspicious responses could be
“Let me talk to that person”; “Who said that?” or “Well I did
just happen to be in the area last night buying groceries at 2 a.m.”
(in a store 20 miles from the one he usually uses!).
• Try to observe and
“read” the subject’s body language. A good rule of thumb is to
look for two or more odd body movements or other deceptive behaviors
within the three to five seconds that follow after a question. Examples
include excessive eye contact or breaks in eye contact, such as rapidly
blinking eyes. The person might cover his eyes, or look away in
response to specific questions.
• A deceptive person is
often frightened that he may reveal the truth by what he says.
Unconsciously, he may attempt to prevent this physically...by biting
his lips, coughing or swallowing, or even actually covering his mouth.
• There are actions that
a person will take without even being aware of them. These can be
invaluable clues. If a person says “no” while nodding his head, you
may consider that a “yes.” If a person is saying he is happy to
speak with you, yet you notice he’s holding his chin up with a middle
finger, you may well assume that he is not completely happy with you.
The crux of all of these
suggestions is that no single behavior proves deception, but a number
of these indicators, when displayed at a relevant point in a
conversation, can be significant.
The first-due officer can
play a critical role in a fire in more ways than just suppressing the
fire and rescuing victims. By being able to “size up” the need for
an investigation, the officer can be instrumental in helping to
identify a potential arson fire and contribute significantly to the
conviction of this person. Even if your department has assigned fire
investigators who will arrive and determine the cause, those few
initial moments may provide significant clues that you can observe and
record for the investigators when they do arrive. We need to improve
upon that 2 percent conviction rate, and you can be a key component in
making that change. NF&R
23
Incident Indicators
So
what are the indicators that every officer should consider when sizing
up a fire scene from an origin-and-cause perspective? What are the
indicators that will help determine if further investigation is
warranted? There are a number of them, but taken individually, they are
not definitive indicators. However, several of them—taken
together—might raise a “red flag” for the officer. We’ve
organized 23 of these indicators into a list you can detach and refer
to later.
Some of these indicators
include:
1. Who called in the
alarm? (What kind of information did they give to the dispatcher? Was
it overly detailed, or did it include information that the average
caller wouldn’t know?)
2. As you were pulling up
on the scene, what color was the smoke and the fire? (Was it an unusual
color, considering the fuel that was burning? Where was it coming from?
Multiple locations? Were there any unusual sounds, such as explosions?)
3. Were you delayed in
responding because of a false alarm or a small fire, such as a trash
fire? (Or were there barriers, such as locked fences or obstacles, that
slowed your attack? Had the hydrant been tampered with? These tactics
could be used to allow the fire more time to grow.)
4. Was there anyone in the
crowd that you have seen at fires before? (Did anyone look as if they
were behaving unusually?)
5. Was there any unusual
evidence, such as containers, matches, lighters, etc., that might not
normally be found in the area? (According to a joint study conducted by
the ATF and FBI, over 50 percent of the serial arsonists studied left
items at the scene of their fires.)
6. Had doors been propped
open, or holes made in floors or walls, to help accelerate the spread
of the fire from one area to another?
7. Were there any vehicles
leaving the scene as you pulled up, or shortly after you arrived? (Most
people are going to stay to watch a fire, rather than leave.)
8. Have you been to this
property before? (Does it have a history of fires? This could be an
indicator of someone attempting to burn the building, either for profit
or for revenge.)
9. Were there signs of
forced entry such as broken doors, locks or windows? (If the fire is
determined to be incendiary, the lack of any evidence of forcible entry
can be as important as its existence.)
10. Were there multiple
points of origin? (To ensure greater destruction, and to make
suppression efforts more difficult, an arsonist could set multiple
fires throughout a building.)
11. Was a burglar alarm
sounding when you arrived? (If it was equipped with an alarm, did it go
off when you made entry? If not, why not?)
12. Was the building’s
fire alarm or sprinkler system impaired in some way? (An arsonist could
do this to ensure that the fire was not detected or suppressed until it
had a chance to do significant damage.)
13. Did you smell anything
unusual?
14. Was the behavior of
the fire unusual? (Did it take an unusual amount of time or water to
get it under control, considering what should normally have been
burning?)
15. Did the fire start in
an unusual location where there would normally not be any source of
ignition? (For example, did the fire start in a pile of debris outside
the building and then extend into the building.)
16. How was the owner’s
behavior when he or she arrived? (Unusually calm? Extreme mood swings?
How was he dressed? For example, if the fire occurred in the middle of
the night, was the owner impeccably groomed upon arrival?)
17. Did the neighbors have
any information that might point to this being an unusual fire?
(Arguments, past fires, etc.)
18. Did the contents seem
appropriate? (For example, was anything missing that should normally be
in place, such as stock or equipment? Were the clothes closets empty?)
19. Were the windows
covered to delay the fire being seen from the exterior? (This would
give the fire a chance to grow before being detected.)
20. Was anyone taking
pictures or videotape of the fire when you arrived?
21. Are there unusual burn
patterns? (Trailers that would lead the fire from one area to another
may leave a distinctive pattern on the floor, as could flammable
liquid.)
22. Is the property for
sale, or in distress? (Is it under any orders for repairs to be made?
Having a fire might be a convenient method to avoid expensive repairs.)
23. When water was
applied, did the fire react in a different way than you would have
expected?
Ed Comeau is the
principal writer for writer-tech.com, a technical writing firm. He is
the former chief fire investigator for the National Fire Protection
Association, was a fire protection engineer for the Phoenix Fire
Department, and a firefighter for the Amherst, Mass., Fire Department.
He has been involved in the development of interFIRE VR from its
inception. He can be reached at ecomeau@writer-tech.com
.
Ronald F. Tunkel has
been a special agent with the Bureau of Alcohol, Tobacco and Firearms
for 13 years. His current assignment is as a criminal profiler with the
National Center for the Analysis of Violent Crime at the FBI Academy in
Quantico, Va.
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