Utica Fire, Police to Review Coyne Case

Aug. 18, 2003
Both the Utica fire and police departments plan internal investigations into how the body of Charles F. Coyne Jr. could have been overlooked for two years after a fire in his own home.

Both the Utica fire and police departments plan internal investigations into how the body of Charles F. Coyne Jr. could have been overlooked for two years after a fire in his own home.

Assistant Fire Chief Russell Brooks said Coyne's remains were found under rubble that hadn't been checked by firefighters or other personnel during the fire investigation. He said members of his department could face punishment if found negligent.

Brooks also said firefighters may have missed locating the body during a May 2001 fire at 1218 Hart St. because they expedited their search through the home so they could answer another fire call.

Coyne's remains were found by construction workers inside the bathroom Monday. His remains were identified Wednesday, but a cause of death has not been determined, Deputy Police Chief Richard Stemmer said.

Those answers won't come soon enough for Brian Coyne, who said his family has agonized over the whereabouts of his brother since he was declared missing.

"Orders weren't followed the way they should have been, paths weren't taken that should have been taken," Coyne said Thursday afternoon. "It needs to be more than apology. We need answers."

According to records of the state Office of Fire Prevention and Control, no other department in the state has missed the body of a victim during a fire investigation only to have it discovered at a later date, spokesman Peter Constantakes said.

Sitting in his office Thursday morning, Brooks pondered how that could have happened. In every fire, Utica firefighters are supposed to follow strict procedures, Brooks said.

The top priority is determining whether victims are inside, Brooks said.

On the evening of the blaze, Deputy Fire Chief David Paul, the commanding officer of the detail, wasn't able to determine if anyone was in the house during his analysis of the incident before the firefighting began, Brooks said.

Paul received "conflicting information" from neighbors about whether any victims were left inside the building.

During fire investigations, firefighters must make three searches of a structure -- primary, secondary and the final "overhaul" search.

In the primary and secondary searches, which occur while the fire is lit, firefighters quickly go through the house in search of victims. Often, firefighters must battle "zero visibility in a superheated environment" while making these searches, Brooks said.

During the overhaul, which occurs after the main fire is knocked down, firefighters are supposed to conduct a complete search of every room.

On the night of the Hart Street blaze, however, another fire call was made on Cottage Place during the overhaul phase. The departments were understaffed at the time, Brooks said.

"Not having the manpower -- and this is speculation -- the overhaul operations were not done completely," Brooks said.

The police department conducted the post-fire investigation in the days after the blaze. Stemmer said the department wants to conduct its review of the matter before making any judgments.

Stemmer did not know how many officers went through the house or if they looked through the debris.

Days after investigators were finished, Brian Coyne went into the house and found his brother's cell phone near the bathroom door. Unknown to Coyne, something of much greater significance was under rubble only a few feet away -- his brother's body.

"We were in essence walking on my brother," Brian Coyne said.

Both Brian Coyne and his mother, Sharon Smith, said they are not focusing on a lawsuit at this time.

"That's too soon to consider. First and foremost is just grieving," Smith said.

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