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 blaze.
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.
Night” at Uncle Sam’s