Seal of the Suffolk County District Attorney's Office




DA'S PROBE INTO FATAL FIRE COMPLETE; NO CHARGES TO ISSUE

March 25, 2008

Suffolk County District Attorney Daniel F. Conley today released the following statement upon the completion of the investigation into the Aug. 29, 2007, deaths of Firefighter Paul J. Cahill and Firefighter Warren J. Payne in West Roxbury:

“On Aug. 29, 2007, Boston Firefighters Warren J. Payne and Paul J. Cahill were killed while fighting a fire at the Tai Ho Mandarin and Cantonese Restaurant in West Roxbury. As with all unnatural or unattended deaths within the City of Boston, the Suffolk County District Attorney’s Office, in conjunction with homicide detectives from the Boston Police Department, began an investigation into these deaths to determine whether any crime was committed. After a complete and thorough review of all of the evidence, I have determined that there is no basis for criminal charges to issue.

“In addition, I have authorized the release of the contents of our entire investigative file, including autopsy and toxicology results, to Boston Fire Commissioner Roderick J. Fraser, Jr. and the Boston Fire Department’s Board of Inquiry should they wish to review it in the course of their own investigation.

“As in every death investigation, our legal obligation in this case was specifically to determine whether any crime was committed: that is, whether any action by any individual or individuals rose to the level of wanton and reckless conduct, causing the deaths of these two firefighters. The question of the presence of alcohol and/or other intoxicating substances was considered along with all other evidence and in no way changes our determination that there are no criminal charges to attach to the deaths of these firefighters.

“Firefighters Warren Payne and Paul Cahill went into a dangerous fire – an inherently deadly environment – fully aware of the risks. They gave their lives in the line of duty to protect the lives and property of strangers. Nothing in our investigation has produced any evidence that diminishes the magnitude of their sacrifice or the heroism of their actions.”

Conley notified Boston Mayor Thomas M. Menino and Boston Fire Commissioner Roderick J. Fraser, Jr., of the investigation’s findings via telephone this afternoon.