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Firefighter's death ruled a homicide
Saturday, June 19, 1999 By Jonathan D. Silver, Post-Gazette Staff Writer
An autopsy yesterday showed Pittsburgh firefighter Paul McGrath had hardening of the arteries and suffered a heart attack from the strain of battling an arson Thursday, leading Allegheny County Coroner Dr. Cyril H. Wecht to declare his death a homicide.
Police last night charged Jason Allen Best, 17, of Brighton Heights with criminal homicide. He was already in custody, having been charged with arson for setting the fire at the old St. John's General Hospital on Fleming Avenue, Brighton Heights.
State crime statutes allow an arsonist to be charged with homicide if a firefighter dies while fighting the blaze, even if there was no intent to kill, Wecht said during a news conference.
In the case of the 50-year-old McGrath, his exertions while fighting the fire precipitated his heart attack, Wecht said.
"There's just no question in our minds," Wecht said, "that this kind of physical stress would have been sufficient to cause the cardiac arrhythmia, arrest and death."
Best, a student at Oliver High School, had spent the previous night at Shuman Juvenile Detention Center after being arrested about 9:30 p.m. Thursday.
Best stared straight ahead last night as two city homicide detectives led him through a swarm of cameras and reporters and into the third-floor courtroom at the coroner's office. Dressed in black jeans and T-shirt and sporting a tattoo on one arm, Best did not answer reporters' questions.
During his arraignment, Best periodically whispered with the detectives. His voice was barely audible when he told Deputy Coroner Mike Chichwak that he understood the charges against him.
Best did not have an attorney, and none of his family members was present. He was taken to the Allegheny County Jail.
Police credited neighborhood cooperation with the quick arrest. Homicide detectives, arson investigators and agents of the U.S. Bureau of Alcohol, Tobacco and Firearms canvassed the neighborhood extensively. Investigators removed gas cans from Best's house and recovered samples of several chemicals that will be analyzed at an ATF laboratory.
Best lives in the 3300-block of Fleming Ave., across the street and down the block from the old hospital. His house is around the corner from the house where McGrath was raised and where his mother still lives.
On the front door of Best's house were two stickers. One said, "Thanks for helping firefighters fight muscular dystrophy," and the other read, "Supporter National Law Enforcement Officers Memorial Fund."
McGrath's brother, Patrick, said it was too early for the family to feel one way or the other about the arrest of Best. He added that his family did not know Best's, despite their proximity.
"It's premature. That's the bottom line. We're all firm believers: Innocent 'til proven guilty," said the retired Marine, who has served on court martial panels.
Cmdr. Ronald Freeman of the city police homicide squad yesterday left open the possibility that more arrests could follow.
Asked about a motive for the arson, he responded: "I think they were out, and, in their minds, this was a form of some sort of recreation and enjoyment." He would not specify who "they" were.
Ellen Donley, who identified herself as Best's grandmother, told KDKA-TV yesterday that as many as three other people were involved in starting the fire.
Acting Fire Chief Peter Micheli said the blaze began in at least two parts of 3400 Fleming Ave., a three-story brick building that is one of several structures in the hospital complex. The facility, which was vacant and boarded up, has been closed for several years.
"This is definitely arson," declared Micheli, who was wearing a black band over his gold badge in memory of McGrath, a 19-year veteran of the Pittsburgh Fire Bureau.
Investigators are combing through bureau records to determine if there might have been related fires in the area. Micheli knows of at least one, which also happened at the old hospital. It occurred about 1:35 a.m Thursday, just 2 1/2 hours before the blaze in which McGrath died.
During that first call, firefighters responded to a reported firebombing in the old hospital's parking lot. Upon arrival, they found no physical evidence. At 4 a.m., they would discover the real thing.
McGrath was one of 52 firefighters who fought the blaze. After about two hours of hoisting ladders and hooking up a hose to an aerial truck, McGrath staggered over to a stoop, suffered two seizures and was pronounced dead a half hour later, despite paramedics' attempts to revive him.
McGrath was lean and fit. Wecht said, however, that he suffered from a hidden disease, one that would not necessarily have been discovered by routine physical exams. Wecht declared the cause of McGrath's death as arterial sclerotic cardiovascular disease.
Although firefighters are not obliged to undergo regular physicals, members of the city's hazardous materials response team are. McGrath was a member from 1981 to 1997. No health problems were detected during those exams, Micheli said.
Wecht said it was conceivable that any extreme exertion by McGrath could have spurred his heart attack. It just so happened that McGrath strained himself not by running a marathon or moving furniture, but by responding to a fire that was set.
Best's preliminary hearing is scheduled for July 7.
Staff writer Kristen Ostendorf contributed to this report.
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