Aerotech may face criminal charges

Adrienne Packer

Friday, Aug. 9, 2002 | 10:49 a.m.

A state fire marshal probe into a fiery explosion at a Las Vegas model rocket fuel plant that killed one concludes that Aerotech, Inc. was culpable for the October blaze and could be subjected to criminal charges, sources told the Sun.

The report, detailing the investigation into the fire that caused millions of dollars in damage, also criticizes the county for inspection practices and communication with state and federal agencies.

Clark County Manager Thom Reilly ordered the investigation in February after months of finger-pointing between fire officials and Aerotech representatives and accusations of paper-shredding within the fire department.

Reilly, who had a news conference scheduled today, declined to comment on the report Thursday. Aerotech co-counsel David Rivers did not return a phone message Thursday.

Fire Chief Earl Greene opted to wait until the report is released today.

"I'd love to comment on it, but one of the reasons for the press conference is to share the county's feelings on what the report says," Greene said.

The report describes several violations of safety procedures at the plant, including employees setting off rockets on the property, sources said.

It also says Aerotech employees were required to wear fresh, clean clothing. Investigators believe employee Avelino Corpuz, who died after suffering second and third-degree burns in the explosion, had flammable particles on his clothing, sources said.

The violations are severe enough to prompt the district attorney's office to explore criminal charges against the company, according to a source.

In February, fire inspectors forwarded their case to the district attorney, claiming Aerotech was negligent. The state law the county cited says "a person who performs any act or neglects any duty imposed by law in a willful or wanton disregard for the safety of persons or property" is subject to a felony charge.

The three-alarm fire started Oct. 15 in a machine that produces model rocket engines. The initial blaze was quickly extinguished, but a barrel of water-soaked magnesium later erupted, igniting an inferno that lasted 24 hours.

Aerotech filed a lawsuit against Clark County in March, saying firefighters' actions set off the second fire that caused most of the $12 million in damage.

Further questions were raised about how the fire was handled when fire spokesman Steve La-Sky, since demoted, accused his administrators of shredding documents crucial to the rocket fuel plant and the blaze.

However, the fire marshal's investigation reportedly shows that firefighters acted appropriately and according to department procedure by protecting personnel who responded to the plant.

Although sources said the report "puts to rest" La-Sky's allegations, La-Sky disagrees. He said a $1.3 million lawsuit he filed against Clark County and Greene will prove him right.

"I stand by what I said and I will feel vindicated in the end," said La-Sky, who spoke at length with fire marshal investigators. "I don't know what they mean that it's been put to rest."

The plant on Palm Street near Boulder Highway and Saint Lewis Avenue reportedly stored 2,500 pounds of the flammable ammonium perchlorate and several barrels of magnesium.

Following the fire, questions were raised about a five-year gap between inspections: The fire department inspected the plant 10 times between 1988 and 1995, but did not return until 2000.

The report is critical of the frequency and consistency of the county's inspections of high-risk manufacturing plants.

It further criticizes the Clark County Fire Department, state officials and the federal Alcohol, Tobacco and Firearms division for not communicating or sharing information on facilities that manufacture hazardous materials.

Reilly called upon state Fire Marshal Doyle Sutton in February because of all the questions raised about the firefighters' efforts.

"With all the questions raised in the community, I feel it's important they have confidence in the county and know we're being open," Reilly said after announcing the investigation.