Investigation of AeroTech blaze widens

Keith Paul

Wednesday, Feb. 6, 2002 | 11:09 a.m.

Clark County fire investigators are asking prosecutors to decide whether criminal negligence was involved in an October fire at a model rocket factory that killed one and caused $10 million in damage.

Although county fire investigators determined the fire at AeroTech was accidental, they plan, either this week or next, to forward the case to the Clark County District Attorney's Office for possible charges, Assistant Fire Chief Bill Porter told the Sun.

"We are taking all of our information and presenting it to the district attorney's office, and from that point they will determine if the Nevada Revised Statue (state law) is applicable in this situation," said Porter, who heads county fire investigations.

The state law used by fire investigators in their decision to forward the case to prosecutors states, "A person who performs any act or neglects any duty imposed by law in willful or wanton disregard for the safety of persons or property shall be punished" by a class C felony -- one to five years in prison and/or a $10,000 fine.

Prosecutors will have to decide whether anyone was negligent in regard to taking necessary safety precautions, Porter said.

AeroTech officials had not heard Tuesday of the fire department's decision to pursue criminal charges in the fire, said Mark Savit, a Washington-based attorney for the company.

The Oct. 15 fire at AeroTech on Palm Street near Boulder Highway and St. Louis Street started in a machine used to produce model rocket engines and caused 800 pounds of magnesium and 2,500 pounds of ammonium perchlorate to ignite. The explosion prompted the evacuation of the neighborhood.

Three workers were injured in the fire. On Oct. 26 Avelino Corpuz died as a result of injuries incurred in the blaze.

A barrel of magnesium exploded after water leaked into it; the lid was found to not be secured. The building's sprinkler system had been activated before firefighters arrived.

Company officials have said they don't why the lid wasn't secured and that employees were careful to control the chemicals used in manufacturing the rocket engines.

According to the investigation report, the fire was determined to have been caused by "accidentally turning on the power switch of the slot machine (used to produce the rocket engines) which started the saw of the slot machine."

The saw blade hit a metal brush, used for cleaning, that was on the machine and caused the ignition of the ammonium perchlorate particles in the area of the saw, according to the report.

The Nevada Occupational Safety and Health Administration cited AeroTech for several violations, such as an appropriate system of cleanup was not used, each operation was not cleaned to prevent the buildup of product and rubber boots were not worn at all times. The total fines for the citations amounted to $6,600.

"These were citations for mostly housekeeping issues," said Tom Czehowski, OSHA chief administrative officer.

AeroTech officials can appeal the fines, he said.

Porter would not release specific allegations against the company and said it is up to the district attorney to decide whether charges should be filed. He did say the citations OSHA levied on the company played a part in the decision.

Porter said the district attorney's office would have to determine if any particular person is responsible for conditions investigators believe could have contributed to the fire.

In addition to any action prosecutors may take in the case, the fire will likely result in several lawsuits -- from other businesses destroyed by the fire and the injured workers. AeroTech's attorneys have previously sent the county notice of potential lawsuits from companies that may be filed against the county and the fire department.

Porter said any notice of potential lawsuits had nothing to do with fire investigators' decision to have prosecutors review the case.

Northern Nevada prosecutors are also reviewing the case of an explosion at an aerosol recycling plant in Minden in September that killed one worker and injured four others.

Douglas County Deputy District Attorney Mike McCormick said fire investigators will submit the file for him to review for possible criminal charges. He said he would be reviewing the same state law Clark County prosecutors were asked to consider.