Man charged with setting Old Pink on fire


A Buffalo man who reportedly got into a confrontation at the Old Pink bar with other patrons the night the legendary Allentown tavern was destroyed by flames has been charged with setting the fire.

John W. Burns, 40, was charged with maliciously damaging and destroying the bar at 223 Allen St. on June 17, according to a complaint filed in U.S. District Court.

An agent with the Bureau of Alcohol Tobacco and Firearms said in an affidavit filed in court that Burns was identified by acquaintances as the man caught on a security video walking around outside the Old Pink just minutes before the fire was discovered at 5:32 a.m.

A former security guard at the Old Pink told the agent that he had a confrontation at the bar with Burns earlier that night after female patrons complained to him about Burns’ behavior. The former security guard told authorities he asked Burns to leave, and Burns attempted to fight him, so he slapped Burns and knocked him over.

Burns told the former security guard: “I’ll be back ... ,” ‘I’ll burn that bitch down” and “Ain’t nobody going to have a job,” according to the affidavit from ATF Agent Robert Grunder.

Approximately two hours later, the restaurant was engulfed in flames.

On the security video provided to authorities by employees of the Old Pink, Grunder said it appears that the suspect started the fire with the use of a light blue propane-plumbers torch.

The video shows the suspect carrying two white garbage bags to the rear of the Old Pink building before walking away from the area at 5:21 a.m.

“Approximately 20 seconds later, what appears to be a reflection of fire on the air conditioner unit can be observed,” Grunder’s report says. “A short time later, a visible fire can be seen on the video.”

Buffalo Fire Department investigators recovered a light blue propane-plumbers torch near the origin of the fire, he noted.

The ATF agent also said the investigation uncovered information linking Burns to a second fire, at 6:03 a.m. Aug. 13, in the parking lot of the Essex St. Pub, at 530 Rhode Island St., a mile from the Old Pink.

Burns was observed on video setting that fire, which was quickly extinguished by Buffalo firefighters, Grunder wrote.

Buffalo fire marshals determined that the origin of the fire was a pile of books that had been placed outside the Essex St. Pub near the owner’s vehicle.

The owner of the pub told Grunder that Burns had been denied entry into the Essex St. Pub the night before because of disruptive behavior.

Burns was identified by the bar owner as the man who set the fire outside the Essex St. Pub after the owner reviewed security video of the incident, Grunder wrote.

Burns has not been charged with that arson, however.

“Arson is an extremely dangerous crime, placing lives and property in danger,” stated U.S. Attorney Trini E. Ross. “Arson has tremendous ripple effects, leaving people homeless, without employment, or both. Here, the arson of the Old Pink left employees without jobs and destroyed an iconic gathering place in the Buffalo community. Such harm to our community will not be tolerated.”

Burns made an initial court appearance Friday afternoon, represented by Assistant Federal Public Defender Erin Ryan, before Magistrate Judge H. Kenneth Schroeder.

The magistrate judge remanded Burns into the custody of the U.S. Marshals Service after hearing arguments on whether the charge represented a crime of violence that would justify Burns’ pretrial custody.

“This is not a crime of violence that would justify a detention hearing,” Ryan said.

Schroeder disagreed, saying the charge of a violent act is “exactly what we’re dealing with.”

The judge also asked about Burns’ mental state. The judge said Burns called a crisis hotline Thursday and said he tried to kill himself.

Ryan said there was no actual attempt by Burns to kill himself.

“It was a call Mr. Burns himself initiated,” Ryan said.

During the court proceeding, Assistant U.S. Attorney Richard Antoine said he agreed with the judge’s concern about Burns’ mental health and the ability to assist in his defense.

Ryan acknowledged that Burns’ call indicated a mental health concern, but said she had no concerns about his ability to understand the charge against him.

Schroeder scheduled a detention hearing for Tuesday.

If convicted of the charge against him, Burns faces a minimum penalty of five years in prison and a maximum of 20 years in prison.
 

A Buffalo man who reportedly got into a confrontation at the Old Pink bar with other patrons the night the legendary Allentown tavern was destroyed by flames has been charged with setting the fire.

John W. Burns, 40, was charged with maliciously damaging and destroying the bar at 223 Allen St. on June 17, according to a complaint filed in U.S. District Court.

An agent with the Bureau of Alcohol Tobacco and Firearms said in an affidavit filed in court that Burns was identified by acquaintances as the man caught on a security video walking around outside the Old Pink just minutes before the fire was discovered at 5:32 a.m.

A former security guard at the Old Pink told the agent that he had a confrontation at the bar with Burns earlier that night after female patrons complained to him about Burns’ behavior. The former security guard told authorities he asked Burns to leave, and Burns attempted to fight him, so he slapped Burns and knocked him over.

Burns told the former security guard: “I’ll be back ... ,” ‘I’ll burn that bitch down” and “Ain’t nobody going to have a job,” according to the affidavit from ATF Agent Robert Grunder.

Approximately two hours later, the restaurant was engulfed in flames.

On the security video provided to authorities by employees of the Old Pink, Grunder said it appears that the suspect started the fire with the use of a light blue propane-plumbers torch.

The video shows the suspect carrying two white garbage bags to the rear of the Old Pink building before walking away from the area at 5:21 a.m.

“Approximately 20 seconds later, what appears to be a reflection of fire on the air conditioner unit can be observed,” Grunder’s report says. “A short time later, a visible fire can be seen on the video.”

Buffalo Fire Department investigators recovered a light blue propane-plumbers torch near the origin of the fire, he noted.

The ATF agent also said the investigation uncovered information linking Burns to a second fire, at 6:03 a.m. Aug. 13, in the parking lot of the Essex St. Pub, at 530 Rhode Island St., a mile from the Old Pink.

Burns was observed on video setting that fire, which was quickly extinguished by Buffalo firefighters, Grunder wrote.

Buffalo fire marshals determined that the origin of the fire was a pile of books that had been placed outside the Essex St. Pub near the owner’s vehicle.

The owner of the pub told Grunder that Burns had been denied entry into the Essex St. Pub the night before because of disruptive behavior.

Burns was identified by the bar owner as the man who set the fire outside the Essex St. Pub after the owner reviewed security video of the incident, Grunder wrote.

Burns has not been charged with that arson, however.

“Arson is an extremely dangerous crime, placing lives and property in danger,” stated U.S. Attorney Trini E. Ross. “Arson has tremendous ripple effects, leaving people homeless, without employment, or both. Here, the arson of the Old Pink left employees without jobs and destroyed an iconic gathering place in the Buffalo community. Such harm to our community will not be tolerated.”

Burns made an initial court appearance Friday afternoon, represented by Assistant Federal Public Defender Erin Ryan, before Magistrate Judge H. Kenneth Schroeder.

The magistrate judge remanded Burns into the custody of the U.S. Marshals Service after hearing arguments on whether the charge represented a crime of violence that would justify Burns’ pretrial custody.

“This is not a crime of violence that would justify a detention hearing,” Ryan said.

Schroeder disagreed, saying the charge of a violent act is “exactly what we’re dealing with.”

The judge also asked about Burns’ mental state. The judge said Burns called a crisis hotline Thursday and said he tried to kill himself.

Ryan said there was no actual attempt by Burns to kill himself.

“It was a call Mr. Burns himself initiated,” Ryan said.

During the court proceeding, Assistant U.S. Attorney Richard Antoine said he agreed with the judge’s concern about Burns’ mental health and the ability to assist in his defense.

Ryan acknowledged that Burns’ call indicated a mental health concern, but said she had no concerns about his ability to understand the charge against him.

Schroeder scheduled a detention hearing for Tuesday.

If convicted of the charge against him, Burns faces a minimum penalty of five years in prison and a maximum of 20 years in prison.
Sad that a disgruntled ahole would do this. Had me some nice times there.

Maybe his last name was a subliminal message on what to do if you get angry…🤷‍♂️

1725747251610.gif
 
Only bar I went to near Allentown was Mulligan’s Brick Bar
I hung at a lot of Allentown bars. The Old Pink, Mulligans, Nietzche's, The Jupiter Club, while it lasted and this girl I dated like going to some of the gay bars to get away from knuckleheads hitting on her. Which were surprisingly a good time
 
I remember (85) going to Brick bar and getting a case of OV splits. They handed you the case and filled it with ice. I want to say 8 bucks maybe 10?
 
I remember (85) going to Brick bar and getting a case of OV splits. They handed you the case and filled it with ice. I want to say 8 bucks maybe 10?
OV Splits and a double order of wings; $12.50 in 1988
 
Went I skated in the "pucks for autism" skate in Feb, we stayed just across the street and got steak Sammie's there.

That place was awesome. That sucks
 
I was there weeks before this douche torched what was on my short list meanimgful places I spent my HS and college years in the 716… just an epic steak sandwich… and beyond description watering hole.

This broke my heart. Still does.
From the early 90's until I was banished to Illinois in 2006, the Old Pink was a never-miss on most Friday and Saturday nights, if I found my way from The Continental, Essex St or Mohawk Place (Yes I was one of the real Bohemians!) to Allentown, probably stopping at Nietzche's or the old Jupiter Club.

Everytime I see this thread wit than active post, I get a mix of pain and sadness and anger
 

Prosecutor says arson suspect sent texts at time of Old Pink fire: 'Guerrilla mode on'​


A prosecutor said Thursday that the man charged with setting the Old Pink bar on fire on June 17 should remain detained as his court case proceeds.

John W. Burns has caused “untold damage economically and psychologically” to those he encountered, and also the community at large, said Assistant U.S. Attorney Richard Antoine, who in a court filing described Burns as “a spiteful individual setting fires to settle scores against his perceived enemies.”

Investigators say text messages they believe Burns sent to a friend immediately before and after the Old Pink fire reveal his role in starting the fire, according to court records. The friend provided the text messages to law enforcement that he said he received from Burns in the early morning hours of June 17. Burns sent one text after a fight at the Old Pink, saying, “Guerrilla mode on,” according to a prosecution filing.

1739530955390.png
The site of the Old Pink on Allen Street after it was destroyed by a fire last June.
A prosecutor said Thursday that the man charged with setting the bar on fire should remain detained as his case proceeds. Derek Gee, News file photo


At a detention hearing Thursday, Assistant Federal Public Defender Erin Ryan recommended home incarceration for Burns, urging U.S. Magistrate Judge H. Kenneth Schroeder to release Burns to his parents’ house with strict conditions, including GPS location monitoring.

If released from jail, Burns can receive the “intensive outpatient treatment” for substance abuse and mental health issues that he does not get in jail, Ryan said.

Schroeder reserved judgment, saying he needed time to consider the testimony and legal arguments he heard over the 3½-hour hearing.

Burns’ custody status has become an issue since he was removed last month from a Finger Lakes Area Counseling and Recovery Agency inpatient treatment facility after a physical altercation with another patient. Schroeder remanded Burns into custody after the altercation.

The prosecutor said his discharge from the facility violated a condition of his release and argued against releasing him from custody.
Ryan contended that Burns was the victim – not instigator – of the altercation, and was simply trying to defend himself from another patient who trapped him in a bathroom at the facility.

“He walks into the bathroom and finds himself pummeled by someone who had been harassing him,” Ryan told the judge.

The treatment agency kicked both patients out of the program, although a peer support services staffer at the agency testified that Burns did not deserve to be discharged.

Burns had made substantial progress at the in-patient facility, Ryan said. On the day of the altercation, Burns was supposed to have already been transferred from the facility to a less-restrictive residential program. But an agency delay kept him in the same unit as the other patient.

Antoine, in a prosecution filing, said the text messages Burns sent immediately before and after the fire at the Old Pink reveals his conduct.
“Bail me out if I don’t call you at noon,” Burns texted at around 5:57 a.m.

When the friend asked Burns what he was talking about, Burns texted, “Nothing. Made my bed. Gonna defend it to the death at this point.”

When the friend pressed him further, Burns texted, “Really though I can’t just say all the things that will later be investigated here,” according to the court filing.

In her court filing, Ryan said prosecutors lack eyewitnesses and DNA evidence implicating Burns, and they have only videos of “shoddy quality” and after-the-fact witness identifications that will be challenged.

Burns was charged in September with setting the legendary Allentown tavern on fire. A federal grand jury later indicted Burns of arson of the bar at 223 Allen St. and of attempted arson of a vehicle on Aug. 13, 2024.

The prosecution filing revealed incidents and accusations against Burns at the University at Buffalo.

On Nov. 10, 2023, Burns was arrested on a harassment charge after being accused of taking a photograph of a Jewish student and putting the photo on posters around campus with a derogatory message about Palestinians. The student told law enforcement he did not make such a statement and removed as many of the posters as he could.

John W. Burns, 40, was charged with maliciously damaging and destroying the bar at 223 Allen St. on June 17, according to a complaint filed in U.S. District Court.

On another occasion, Burns shouted offensive epithets at the student while standing a few feet away. Burns was suspended from the university, removed from the campus, and arrested for harassment as a hate crime, according to court records. In state court, he received an adjournment in contemplation of dismissal with an order of protection in place for the victim.
 
Back
Top