Firefighter’s ‘poor judgment’ not a crime, prosecutors say

EVERETT — An Everett firefighter bought antiques taken from a burned out building from someone selling them from a pickup truck parked along Hewitt Avenue, police records show.

The firefighter “exercised poor judgment,” but investigators can’t prove beyond a reasonable doubt that he knew the items were obtained illegally from the McCrossen Building, prosecutors wrote in an April 12 memo describing their decision not to file charges. That’s a requirement under state law to convict someone of possessing stolen property.

Who actually owns each item — and who took them from the building and how — was impossible to determine after an Everett police investigation, records show. Witnesses and people who claimed their property was stolen gave conflicting statements.

There also were disputes over whether ownership of the items was clouded by the status of tenants’ leases and a demolition contract signed after the blaze.

Moreover, people involved with the antiques vendors who brought the accusations against the firefighter also were entering the building unlawfully and removing items, including antiques that belonged to others, police determined.

The Herald on Thursday obtained the Everett police investigation and the prosecutor’s memo under state public records laws.

The antiques in question were stored inside the historic McCrossen Building, which was gutted by a fire in November. What was left of the building, at the corner of Hewitt and Oakes avenues, was demolished a few weeks ago.

In March, two antiques vendors who had merchandise in the building accused the firefighter of selling goods online that disappeared from the site.

Everett detectives conducted dozens of interviews. Their case file spanned more than 150 pages.

Detectives found holes and conflicting information in witnesses’ statements, police reports show. The firefighter’s own statements also contained contradictory details. However, police don’t believe he ever entered the condemned building or took items himself.

Based on those findings, there was no evidence he committed a theft or a burglary, prosecutors wrote.

Looting had been a problem at the fire site, records show. City officials were trying to keep people out.

One of the antiques vendors and the firefighter initially negotiated among themselves a resolution about who owned the antiques. A few days later, the same vendor complained to police and called the mayor’s office.

Police also reportedly told the firefighter it was “obvious” that the items he bought had been taken from the McCrossen scene, including a lamp and an end table. The pickup truck was parked within the same block.

Police were unable to determine who sold the firefighter the items. The firefighter also described paying varying amounts for the items.

Prosecutors determined that the legal ownership of the antiques was unclear, and that it would have been difficult to prove they were stolen in the first place.

No one was allowed in the McCrossen Building during the demolition period for safety reasons. At least one woman has been cited for violating that order in an unrelated case, city spokeswoman Kate Reardon said.

The firefighter, 43, was put on leave during the investigation. He has since returned to work.

Rikki King: 425-339-3449; rking@heraldnet.com

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Boeing firefighters union members and supporters hold an informational picket at Airport Road and Kasch Park Road on Monday, April 29, 2024 in Everett, Washington. (Annie Barker / The Herald)
Biden weighs in on Boeing lockout of firefighters in Everett, elsewhere

On Thursday, the president expressed support for the firefighters, saying he was “concerned” Boeing had locked them out over the weekend.

Everett officer Curtis Bafus answers an elderly woman’s phone. (Screen shot from @dawid.outdoor's TikTok video)
Everett officer catches phone scammer in the act, goes viral on TikTok

Everett Police Chief John DeRousse said it was unclear when the video with 1.5 million views was taken, saying it could be “years old.”

Construction occurs at 16104 Cascadian Way in Bothell, Washington on Tuesday, May 7, 2024. (Annie Barker / The Herald)
What Snohomish County ZIP codes have seen biggest jumps in home value?

Mill Creek, for one. As interest rates remain high and supplies are low, buyers could have trouble in today’s housing market.

The nose of the 500th 787 Dreamliner at the assembly plant in Everett on Wednesday morning on September 21, 2016. (Kevin Clark / The Herald)
Ex-Boeing engineer, sidelined after a 787 critique, defends troubled plane

Dueling narratives emerged as Boeing’s credibility is near an all-time low, leaving industry observers and the public at a loss as to the risk.

Washington Attorney General Bob Ferguson speaks at the Snohomish & Island County Labor Council champions dinner on Tuesday, Oct. 10, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
3 Bob Fergusons now running for governor as race takes turn for the weird

A conservative Republican activist threw a monkey wrench into the race by recruiting two last-minute candidates.

Arlington
Tulalip woman dies in rollover crash on Highway 530

Kaylynn Driscoll, 30, was driving east of Arlington when she left the road and struck an embankment, according to police.

A person takes photos of the aurora borealis from their deck near Howarth Park on Friday, May 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County residents marvel at dazzling views of northern lights

Chances are good that the aurora borealis could return for a repeat performance Saturday night.

Arlington
Motorcyclist dies, another injured in two-vehicle crash in Arlington

Detectives closed a section of 252nd St NE during the investigation Friday.

Convicted sex offender Michell Gaff is escorted into court. This photo originally appeared in The Everett Daily Herald on Aug. 15, 2000. (Justin Best / The Herald file)
The many faces of Mitchell Gaff, suspect in 1984 Everett cold case

After an unfathomable spree of sexual violence, court papers reveal Gaff’s efforts to leave those horrors behind him, in his own words.

Retired Snohomish County Superior Court Judge Anita Farris smiles as she speaks to a large crowd during the swearing-in of her replacement on the bench, Judge Whitney M. Rivera, on Thursday, May 9, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
One of state’s most senior judges retires from Snohomish County bench

“When I was interviewed, it was like, ‘Do you think you can work up here with all the men?’” Judge Anita Farris recalled.

A truck drives west along Casino Road past a new speed camera set up near Horizon Elementary on Wednesday, May 8, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
After traffic cameras went in, Everett saw 70% decrease in speeding

Everett sent out over 2,000 warnings from speed cameras near Horizon Elementary in a month. Fittingly, more cameras are on the horizon.

The Monroe Correctional Complex on Friday, June 4, 2021 in Monroe, Wash. (Olivia Vanni / The Herald)
Trans inmate says Monroe prison staff retaliated over safety concerns

Jennifer Jaylee, 48, claims after she reported her fears, she was falsely accused of a crime, then transferred to Eastern Washington.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.