Wednesday, September 2, 2015

2013 Philadelphia Salvation Army building collapse

2013 Philadelphia Salvation Army building collapse ---
tags: industrial accident, DUI, cover story (DUI), terrorism not considered, drugs (marijuana), fatal

6 dead 14 injured June 5, 2013 2013 Philadelphia Salvation Army building collapse  A neighboring building under demolition by construction puller collapsed onto the Salvation Army Thrift Store at the southeast corner of 22nd and Market Streets in Center City, Philadelphia,Pennsylvania, trapping a number of people under the rubble. The store was open and full of shoppers and staff. Six people died and fourteen others were injured.  In July 21, 2015  heavy equipment operator 44-year-old Sean Benschop pleaded guilty to involuntary manslaughter. He was found to be impaired by painkillers and marijuana, and could face a sentence of not more than 10 to 20 years. Demolition contractor Griffin Campbell also faces murder charges

 His lawyer asked if he intentionally tried to hurt or kill them. He said no. What if he's lying?


*Reference

2013 Philadelphia building collapse - Wikipedia

Criminal investigation[edit]

On June 8, Sean Benschop, the crane operator working on the demolition job at the time, was charged with six counts of involuntary manslaughter, 13 counts of recklessly endangering another person, and one count of risking a catastrophe.[20] A blood test performed after the collapse when he admitted to taking codeine and percocet, revealed marijuana in his system. [21][22] Benschop turned himself in to police later that day.[23]

On June 5, 2013, a neighboring building under demolition collapsed onto the Salvation Army Thrift Store at the southeast corner of 22nd and Market Streets in Center City, Philadelphia,Pennsylvania, trapping a number of people under the rubble. The store was open and full of shoppers and staff. Six people died and fourteen others were injured.  In July 21, 2015  heavy equipment operator 44-year-old Sean Benschop pleaded guilty to involuntary manslaughter. He was found to be impaired by painkillers and marijuana, and could face a sentence of not more than 10 to 20 years. Demolition contractor Griffin Campbell also faces murder charges

Background[edit]

2138 Market Street, an unoccupied four-story building, had been under demolition by Griffin Campbell Construction for several weeks prior to the collapse. This property is owned by Richard Basciano through his development corporation, STB Investments. 2138 Market was adjacent to a one-story building (2140 Market Street) with a Salvation Army thrift store operating on the ground and basement levels. The store was open and full of shoppers and staff.[1][2][3][4]
On July 14, 2013, the Philadelphia Inquirer published a series of emails detailing a dispute between the Salvation Army and STB.[5] Most of the emails also were copied to City Deputy Mayor Alan Greenberger and his top development aide, John Mondlak. STB sought access to the Salvation Army property in order to conduct demolition operations safely. The two parties could not reach an agreement; however, STB initiated demolition nonetheless. On May 22, Thomas Simmonds of STB emailed Deputy Mayor Greenberger, whose duties as deputy mayor for economic development included overseeing the city's Department of Licences and Inspections, saying that 2138 Market was in a state of partial demolition that created "a situation that poses a threat to life and limb", and "This nonsense must end before someone is seriously injured or worse: those are headlines none of us want to see or read." but the city took no action and STB proceeded with the demolition. Other emails indicated that the Salvation Army was also warned of the danger of collapse, but was in a long running dispute with STB regarding access to its building. Shortly after these emails were published in the Inquirer, the City of Philadelphia released numerous documents relating to the collapse.[6]
On December 17, 2013, the Philadelphia Inquirer reported that they had obtained additional emails tied to the collapse, and which had been seen by the Grand Jury, which indicated the impatience of the developer with the pace of demolition and the demolition contractor's request for progress payments. An April 23 email indicated that Plato Marinakos, architect for STB, was getting bids for asphalt so that once demolition was complete, a parking lot could be installed. An April 29 email indicated that Richard Basciano, the STB owner, had stopped by the site and was "shocked that the buildings were still standing," and demanded progress. Several other of the emails also emphasize the desire of the owners to get the demolition completed. On May 22 Thom Simmonds emailed an Alex Wolfington, a consultant to STB, opposing further negotiations with the Salvation Army: "Why?..Waste more time? Wait for someone to be killed? You can do what you want but I am NOT backing off with these people and their half-baked charity. Perhaps you have the time and/or desire to 'deal' with their idiotic behavior. I don't and I won't. I have to look after the interests of the Owners - Richard and his daughters".
On May 31 the property manager for STB, Thom Simmonds emailed Plato Marinakos, architect for STB, stating that Mr. Basciano visited that day and noticed no one was working. He indicated Mr. Basciano would visit the site again that weekend and asked Mr. Marinakos to advise. The emails indicate that Mr. Basciano returned to the site on June 2 and was pleased to see progress. An 18-ton motorized excavator had been moved on to the site. After being granted immunity by the Grand Jury, Mr. Marinakos testified that on June 4, Griffin Campbell called for a progress payment. Marinakos then went to the site at 6 p.m. June 4 and was alarmed to see an unsupported brick wall looming next to the Salvation Army building. He testified that he told Griffin Campbell to take the wall down immediately, "I was like, 'Griffin, you can't leave this wall here. This is just crazy. I mean, you can't do that.'" [7]

Collapse[edit]


Rescue operations on the afternoon of the collapse
At 10:43 am, the four-story building under demolition collapsed onto the one-story building next door. The buildings crashed down with crumbling brick and wood snapping. Six people died and 14 people were injured. A 61-year-old woman was trapped for 13 hours and then hospitalized atHospital of the University of Pennsylvania in critical condition.[8] The 13 other injuries were minor.[9][10][11][12]
After the collapse, an 18-year-old high school student who had been walking by the building when it collapsed rushed to the scene and spent 15 minutes trying to free people from the rubble before emergency crews arrived.[12] During a search-and-rescue operation, rescuers used buckets and their bare hands to move through bricks and rubble until the following morning.[3]
It was soon discovered that surveillance video from the front of a SEPTA bus operating eastbound on Market Street between 23rd and 22nd Streets had captured the scene at the moment of collapse. Up to a minute of this footage was released by SEPTA to news media outlets in July.[13]

Victims[edit]

The six people killed by the collapse were:[14]
  • Roseline Conteh, 52, nurse and immigrant from Sierra Leone.
  • Bobor Davis, 68, had worked for the Salvation Army for 5 years.
  • Kimberly Finnegan, 35, cashier killed working her first shift at the Salvation Army thrift store.
  • Mary Simpson, 24, audio engineer. Died on a shopping trip with Anne Bryan.

Suicide of building inspector[edit]

On June 12, Ronald Wagenhoffer, 52, the City Department of Licenses and Inspections inspector responsible for inspecting the demolition site, was found dead in his truck with a gunshot to the chest. His death was ruled a suicide.[15]

Initial city response[edit]

News reports on June 7 following the collapse indicated that despite multiple complaints, the shoddy demolition work at 22nd and Market Street went uninspected for more than three weeks before the deadly collapse.[16] Subsequent reports indicated that Ronald Wagenhoffer had reported he visited the site on May 14 and found no violations.[15] At the time, the city did not require demolition contractors to establish their qualifications.[16] On June 7, Philadelphia Mayor Michael Nutter held a press conference and issued two press statements in which he apologized to the dead and their families as well as the injured survivors and their families. Nutter also announced new demolition rules and standards designed to prevent similar tragedies.[17][18] The new rules will require the same level of city monitoring and contractor expertise at private demolition sites that have been required during demolition at public sites. The new rules will prohibit contractors from using heavy machinery to demolish buildings adjacent to occupied structures, which was done at the 22nd and Market demolition. City inspectors were sent to over 300 demolition sites to check for safety violations.[17]
Mayor Nutter said City Inspector General Amy Kurlan will begin an investigation of the collapse and government failings that contributed to it.[17] Other investigations are underway by the Office of the City Controller, U.S. Occupational Safety and Health Administration, the Department of Licenses and Inspections, and the Philadelphia Police Department [19]

Criminal investigation[edit]

On June 8, Sean Benschop, the crane operator working on the demolition job at the time, was charged with six counts of involuntary manslaughter, 13 counts of recklessly endangering another person, and one count of risking a catastrophe.[20] A blood test performed after the collapse when he admitted to taking codeine and percocet, revealed marijuana in his system. [21][22] Benschop turned himself in to police later that day.[23]
On June 10, Philadelphia District Attorney Seth Williams convened a grand jury to investigate the circumstances that led to the collapse, a step that may result in criminal charges against responsible individuals.[24] On Sunday, June 16, the Philadelphia Inquirer ran an editorial calling for the investigations of the Market Street collapse to look at top officials and property owners. The Inquirer said, "it was disheartening to hear a former mayor, Ed Rendell, defend Richard Basciano, who owns the building that fell through the thrift shop." TheInquirer editorial stated that "responsibility goes much higher than Sean Benschop, the excavator operator who allegedly tested positive for drugs and has been charged with involuntary manslaughter and than the city building inspector who apparently killed himself ...[over having] wished he had done more to prevent it.” [25]

Grand jury charges[edit]

On November 25, 2013, R. Seth Williams, the district attorney, said based on recommendations from the Grand Jury, prosecutors had formally charged the contractor, Griffin T. Campbell, 49, with six counts each of third-degree murder and involuntary manslaughter, 13 counts of reckless endangerment and single counts of criminal conspiracy, risking catastrophe and causing catastrophe.[26] Mr. Williams said that the collapse occurred because the building's structural supports, including some of its wooden joists, had been removed early in the demolition, leaving walls and floors without adequate support. Mr. Campbell was being paid a flat fee for the demolition and was intent on doing the work as cheaply as possible while saving scrap from the building for resale.[27] According to an ABC web report "The building owner who chose Campbell's $112,000 bid to take down three attached storefronts - when other bids were two or three times that amount - was not charged Monday. However, the grand jury has not finished its work, and Williams declined comment on whether owner Richard Basciano could be charged." Richard Basciano, a commercial developer previously dubbed the pornography king of New York's Times Square, owned the three adjacent, long run-down buildings being demolished by Griffin Campbell to make way for redevelopment. Plato Marinakos the architect who had been retained by STB, had secured the demolition permit from City Hall, testified before the grand jury after he was promised immunity.[28]

Legal proceedings[edit]

OSHA charges[edit]

On November 16, exactly six months after OSHA inspectors visited the demolition site and noted infractions, the U.S. Department of Labor's Occupational Safety and Health Administration cited Griffin Campbell, doing business as Campbell Construction, and Sean Benschop, doing business as S&R Contracting, for safety violations, including three willful per-instance violations, following the June 5, 2013, building collapse that killed six people and injured 14.[29] The Philadelphia Inquirer reported that David Michaels, assistant U.S. secretary of labor for occupational safety and health said "This tragic incident could and should have been prevented," "We should not be here today."
According to the Philadelphia Inquirer "Michaels also said the agency had begun discussions with the Justice Department about possible prosecutions, on top of a local grand-jury investigation that the District Attorney's Office initiated in June. OSHA levied the maximum fine possible against the Campbell firm - $70,000 - for each of what regulators determined were three "willful violations" of basic safety requirements: failing to prepare an engineering study for the demolition project; disobeying a rule requiring higher stories to be removed before demolition begins on lower floors; and removing lateral bracing, provided by the floors, to support walls more than one story high.
Removal of lateral bracing is a safety breach so "egregious," OSHA regulators said, that the penalty was levied twice, for violations on two separate days.
Additional citations for hard-hat violations, inadequate fall protection, and stair inspections pushed Campbell's total fines to $313,000.
S&R was fined $84,000 for one "willful" violation of lateral bracing requirements, and two "serious" violations related to training and failure to protect employees from falls." In response to the charges, Griffin Campbell's attorney, William Hobson noted that "Inspectors from both OSHA and the city's Department of Licenses and Inspections had visited the Market Street site repeatedly while the demolition was underway, Hobson said, "and neither OSHA nor L&I ever shut down what was a safely-conceived demolition of the buildings. . .[30]

Civil cases[edit]

A lawsuit was filed on June 6 for financial damages on behalf of Nadine White, the survivor who was buried under rubble. City officials began inspecting hundreds of demolition sites throughout the city. The demolition contractor violated several federal safety regulations and it was said that the building's owner should have picked a more qualified and competent contractor to do the work.[31]
On September 3, 2013, a wrongful death complaint was filed by George Simpson, brother and administrator for the estate of Mary Lea Simpson. Mary Simpson, age twenty-four, was one of six people killed in the collapse. A set of defendants named in the lawsuit are the Salvation Army in Greater Philadelphia, The Trustees of theSalvation Army in Pennsylvania, The Salvation Army Eastern Territory, and the National Headquarters of the Salvation Army. Also named was Alistair Fraser,the Operations Manager for the Salvation Army Eastern Territory, responsible for architectural and/or engineering issues for the Salvation Army Thrift Store. Defendants Charles Deitrick and John Cranford are respectively the General Secretary and Administrator of the Salvation Army.[32]
Additional defendants are: Richard Basciano, STB Investments Corporation, Thomas Simmonds, Frank Cresci, 2100 West Market Street Corporation, 303 West 42nd Street Corporation, Nicetown House Development Corporation a/k/a Griffin Campbell Construction, Griffin T. Campbell, S&R Contracting, Sean Benschop, Plato Studio Architect, LLC, and Plato Marinakos, Jr.[32]
On September 17, 2013, City Treasurer Nancy Winkler and her husband Jay Bryan, parents of Art student Anne Bryan who was killed in the collapse, filed a wrongful death suit. The couple held a press conference and called for answers, including the creation of an independent blue ribbon panel to investigate the City's Department of Licenses and Inspections.[33]

Reforms to Department of Licenses and Inspections[edit]

City Council hearings on licensing and inspections[edit]

In response to the collapse, the Philadelphia City Council has held hearings to evaluate the laws that regulate demolition in the city and the changes that Mayor Nutter enacted in response to the tragedy.[34]

References[edit]

Jump up^ "13 Victims Treated At 3 Hospitals After Center City Building Collapse". CBS News Philadelphia. Retrieved 6 June 2013.
Jump up^ "6 dead, 13 hurt in Philadelphia building collaps". USA Today. June 5, 2013. Retrieved 6 June 2013.
^ Jump up to:a b Matheson, Kathy; Collins, Keith; Rubinkam, Michael (June 5, 2013). "Philadelphia Building Collapse: Search And Rescue Teams Pull 14th Survivor From Rubble (VIDEOS)". Huffington Post. Retrieved June 5, 2013.
Jump up^ "Crane operator charged with manslaughter in Philadelphia building collapse". The Morning Call (Allentown, PA). June 8, 2013. Retrieved June 8, 2013.
Jump up^ "Demolition continued at collapse site despite worries about danger". Philly.com. July 15, 2013. Retrieved August 11, 2013.
Jump up^ "Disclosure Statement". City of Philadelphia. July 17, 2013. Retrieved August 11, 2013.
Jump up^ Bob Warner (17 December 2013). "Owners pressed for faster demolition before fatal collapse". Philadelphia Inquirer. Retrieved27 December 2013.
Jump up^ Fantz, Ashley; Hoye, Sarah (June 6, 2013). "Philly mayor: Probe of building collapse under way". CNN. Retrieved June 6, 2013.
Jump up^ Boyette, Chris; Lear, Justin (June 5, 2013). "6 dead in Philadelphia building collapse, 13 injured". CNN. Retrieved 2013-06-06.
Jump up^ "9 injured, more feared trapped in Center City Philadelphia building collapse". Abclocal.go.com. 2013-06-05. Retrieved 2013-06-05.
Jump up^ "Buildings collapse in Philadelphia". Philly.com. June 5, 2013. Retrieved June 5, 2013.
^ Jump up to:a b Hurdle, Jon (June 5, 2013). "Workers Seek Survivors in Philadelphia Collapse". New York Times. Retrieved June 5, 2013.
Jump up^ Fleming, Omari. "SEPTA Releases New Video Of Deadly Building Collapse". MyFoxPhilly.com. Retrieved 18 September 2013.
Jump up^ "Philadelphia building collapse victims: What we know". Philly.com. June 7, 2013. Retrieved August 10, 2013.
^ Jump up to:a b Bob Warner, Ben Finley and Joseph A. Gambardello (14 June 2013). "Inspector in collapsed building case kills himself".Philadelphia Inquirer. Retrieved 15 September 2013.
^ Jump up to:a b Bob Warner, Paul Nussbaum and Mark Fazlollah (7 June 2013)."Complaints of shoddy work, unsafe conditions before collapse".Philadelphia Inquirer. Retrieved 15 September 2013.
^ Jump up to:a b c Paul Nussbaum (9 June 2013). "Nutter apologizes for deaths, announces changes". Philadelphia Inquirer. Retrieved15 September 2013.
Jump up^ Thomas Fitzgerald (8 June 2013). "Collapse tragedy appears to strain Nutter". Philadelphia Inquirer. Retrieved 15 September 2013.
Jump up^ "Philly building collapse: Contractor has criminal record; owner once dubbed ‘porn king’". Yahoo News. Retrieved 6 June 2013.
Jump up^ Sean Benschop Charges: Equipment Operator Was On Drugs During Philadelphia Building Collapse, Officials Say
Jump up^ http://www.nbcphiladelphia.com/news/local/Crane-Operator-Had-Drugs-in-His-System--210608021.html
Jump up^ "Philadelphia Building Collapse: Crane Operator To Be Charged with Manslaughter". ABC News. Retrieved 7 June 2013.
Jump up^ Aubrey Whelan and Mike Newall (9 June 2013). "Excavator operator surrenders to police". Philadelphia Inquirer. Retrieved15 September 2013.
Jump up^ "Grand jury, Council committee to investigate building collapse". Philly.com. June 10, 2013. Retrieved August 10, 2013.
Jump up^ Editorial (16 June 2013). "Aim high with building probes".Philadelphia Inquirer. Retrieved 31 August 2013.
Jump up^ [cite web|title=Grand jury presentment|url=http://media.philly.com/documents/market+street+collapse+grand+jury+presentment.pdf]
Jump up^ Williams, Timothy (November 25, 2013). "Philadelphia Contractor Is Charged in Fatal Building Collapse". nytimes.com. RetrievedDecember 27, 2013.
Jump up^ "Contractor in Center City collapse held without bail". 6abc.com. November 27, 2013. Retrieved December 27, 2013.
Jump up^ "Philadelphia demolition contractors cited by US Labor Department's OSHA for willful and serious safety violations following fatal June building collapse". dol.gov. November 17, 2013. RetrievedDecember 27, 2013.
Jump up^ Bob Warner (16 November 2013). "OSHA: Deadly collapse was 'preventable'". Philadelphia Inquirer. Retrieved 27 December 2013.
Jump up^ "Fallout Mounts in Fatal Philadelphia Building Collapse". USA Today. June 7, 2013. Retrieved 7 June 2013.
^ Jump up to:a b "Philadelphia Building Collapse Wrongful Death Complaint".
Jump up^ Dave Davies (18 September 2013). "Philly treasurer sues over daughter's death in building collapse, calls for panel on demolitions". WHYY. Retrieved 15 September 2013.
Jump up^ "Phila. Council opens hearings on building collapse". Philly.com. June 10, 2013. Retrieved August 10, 2013.

*Sources

 Demolition Contractor Facing 6 Counts Of Murder In Building Collapse On Witness Stand For 2nd Day
PHILADELPHIA — The demolition contractor facing six counts of murder in the 2013 Center City building collapse was on the witness stand for the second day at the Criminal Justice Center. The pictures of the six people that died in the collapse were set up on an easel in front of 51-year-old Griffin Campbell. In cross examination, Campbell’s insurance fraud conviction several years ago was brought up, where he was found guilty to commit theft by deception. His lawyer asked if he intentionally tried to hurt or kill them. He said no. Campbell mentioned female members of his family implying he wouldn’t want something like that to happen to them... Campbell told the court the excavator was only there to load metal into the dumpster and at no point did he order the operator to strike the building.

Jury Hears From Victims, Excavator Operator In Salvation Army Building Collapse Trial
Prosecution Witness Blames Center City Building Collapse On Contractor
Contractor Fights Murder Charges at Building Collapse Trial
Demo Contractor Set To Go On Trial In Fatal Center City Building Collapse
Contractor of Collapsed Philadelphia Building Has Criminal Record
Equipment operator pleads in building collapse that killed 6 in store; contractor awaits trial
Published July 21, 2015 PHILADELPHIA –  A heavy equipment operator 44-year-old Sean Benschop  charged in a Philadelphia building collapse that killed six people and injured 12 has pleaded guilty to involuntary manslaughter and other charges. Operation was impaired by painkillers and marijuana when the wall collapse buried victims inside an adjacent Salvation Army store. recommend a sentence of not more than 10 to 20 years, plea resolves charges that included third-degree murder. Demolition contractor Griffin Campbell also faces murder charges

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