By Brianne Dopart
The Herald-Sun
DURHAM, N.C. — Lebanon Volunteer Fire Department firefighters who drank alcohol before heading to two house fires on Dec. 15 won’t be charged with any crimes, the Durham County Sheriff’s Office has confirmed.
An investigation that spanned several weeks concluded that allegations surrounding alcohol consumption at a firehouse Christmas party last year were true, Sheriff’s Office officials say. But a lack of evidence will prevent them from charging firefighters who were drinking before heading to two blazes.
Sheriff’s Office Capt. Paul Martin said that even if witnesses came forward and swore that they’d seen drunken firefighters get into a fire department vehicle and drive while impaired to the scene of a fire, the law requires that the level of alcohol in the suspect’s body be measured for charges to be filed.
“If someone said John Doe was drinking and driving two weeks ago, you couldn’t charge John Doe with driving while impaired with just that information,” Martin said.
“It’s not against the law to even have the odor of alcohol on your breath while driving. There has to be some measurement. It’s not like a homicide or another criminal investigation where someone’s statements or other circumstantial evidence could work.”
The Sheriff’s Office won’t release the names of the five or six firefighters they say drank alcohol that night because no charges have been filed against the men, Martin said. Last week, Doug Griffin, chairman of the fire department’s board of directors, confirmed that several firefighters had been disciplined as a result of findings from the board’s own investigation into the allegations.
On Monday, Griffin said that one of the department’s 15 officers was forced to step down because the board felt the officer was not a good role model to the younger firefighters. Griffin said that privacy issues prevent him from disclosing the name of that firefighter or the names of any others involved.
Underage firefighters who admitted to sheriff’s investigators that they consumed alcohol at the Dec. 15 gathering were spared criminal charges by the Sheriff’s Office, Martin said.
“We exercised discretion in not charging [the younger firefighters],” Martin said. “That’s being handled administratively [by the heads of the Lebanon Volunteer Fire Department] as it should be.”
“These young men look up to the [older firefighters] to teach them how to be firefighters. It would be outrageous to charge them for underage drinking when their older counterparts aren’t being charged,” Martin said.
In a written statement, Martin said the investigation revealed that “older, higher-ranking and more experienced firefighters failed to serve as exemplary role models and mentors to the younger firefighters who looked up to them for guidance.”
Those older firefighters weren’t charged for aiding and abetting the underage firefighters in drinking because the misdemeanor offense, which carries only a $250 fine and 25 hours of community service, is “a weak charge” that Martin said would be difficult to prove.
“I think we share [Martin’s] sentiments and that’s what we’ve dealt with,” Griffin said.
“These are good guys who get up in the middle of the night to put out their neighbor’s house fires. A lot of diligent, hard-working firefighters are getting a black eye who don’t deserve it,” Griffin said.
Copyright 2008 The Durham Herald Co.