Bicentennial Snapshot No. 37: Unsolved Arson Case – The Holiday Inn Fire of 1978

Today we look back at the horrific fire at the Holiday Inn in Greece in which ten people lost their lives while staying at the Holiday Inn. Every year goes by when the generation of people who were are the scene of the horrific fire and the temperature was a balmy chilly 20°F (-6.7°C) temperature and winds out of the north around 10mph. Remember when we told you about the town of Greece didn’t join the 9-1-1 call center and operations until around 1986, before that time you would have to call the station directly or if the business had an alarm system properly wired up to the fire company’s alarm system to alert the firefighters that there was a fire at certain places of business, this also played a roll in the case of this tragic hotel fire that took the lives of ten people.

Even though the Ridge Road Fire District and North Greece Fire Department are celebrating their centennials this year there is one fire that has affected everyone at both. Every fire district in the town has battled large and small fires, auto accidents, attended training, practiced at the fire training grounds, routine fire inspections, community programs, and outreach, but never prepared them for what would become Ridge Road’s most unique fire they had to deal with in the companies first 100 years of service.

Chase-Pitkin fire, August 30, 1980, courtesy of Matthew Pillsbury RRFD

Ridge Road Fire Department has battled many fires,

large…

…and small.

Greece Baptist Church courtesy of Matthew Pillsbury RRFD
Holiday Inn Fire, 1978, courtesy of Matthew Pillsbury RRFD

But never anything like the Holiday Inn Fire on November 26, 1978.

On Sunday, November 26, 1978, there were about 200 people staying at the Holiday Inn in Greece. According to the report Fire Command, Volume 46. National Fire Protection Association, 1979 in that publishing it states there were 91 guest rooms at the hotel, but the exact number of guest rooms on November 28, 1978, is unknown due to the owner of the hotel began changing some of the guest rooms were converted into conference rooms. Among the guests were visitors from an Ontario, Canada bus tour here to take advantage of Thanksgiving weekend shopping specials, members of two wedding parties, a John Marshall alumna in town for her reunion, and attendees at the hotel’s Saturday night singles party.

Holiday Inn postcard courtesy of Bill Sauers
Holiday Inn sign courtesy of Bill Sauers

Around 2:30 am that frosty Sunday morning, a fire started among the paper products and towels stored in a closet area tucked under a first-floor stairway and that metal door for the closet area was not fire-rated or UL-labeled. The blaze spread quickly up the stairs where the fire doors had been propped open, raced down corridors, ignited the ceilings, and invaded the roof. And with strong winds from out of the north-north-west, and the temperature was hovering around 24.2°F (-4.333 °C) but with a wind chill, it would make it feel like 16.1°F (-8.333°C).

Two off-duty firefighters, one from the Greece Road fire department, the other an Albion FD fire chief, each driving on Ridge Road on the way home from a different workplace, spotted the orange glow of the flames approximately eight minutes after the fire started. The Greece firefighter radioed in the fire from his car and they both entered the building to start evacuating guests. Other people were calling from nearby payphones to report the fire. 911 wasn’t instituted until 1986 in Rochester (even later in Greece) and of course, cell phones hadn’t been invented yet.

Greece 1970 Interactive Historic Data Map Monroe County https://maps.monroecounty.gov/Html5Viewer2/index.html?viewer=Historic#
Fighting the inferno, 1978, courtesy of Matthew Pillsbury RRFD

Greece Ridge put in the call for mutual aid to help with the scene unfolding at the Holiday Inn on Ridge Road next to Corona Road. The companies that came to assist Greece Ridge were Barnard, North Greece, and the City of Rochester, who fought the blaze for two hours with more than 125 firefighters. Ten ambulances were needed at the scene. Gene Preston who was a member of Kodak Fire at the time, remembers that Kodak Fire did offer to lend assistance by connecting Greece Ridge trucks to Kodak’s water source on the ground of the Latona Road Complex, but Greece Ridge turned down Kodak Fire Department’s offer to hook up to their water source.

Rescue crews piloted 170 guests, most of them still in their night clothes and many barefoot, outside into the 16-degree cold.

As you can see on this map (Greece Ridge) Ridge Ridge had command of the scene and the Greece Ridge chief became the incident commander, he issued the call to request mutual aid as Barnard, North Greece, and City of Rochester companies arrived at the scene, Greece Ridge fire chief began assigning the assisting companies where to deploy their firefighting equipment at the scene. The blue lines on this map are hoses that ran to the water from the fire hydrants to the trucks and from truck to truck. The green lines on this map of the scene represent the hoses that were in the firefighter’s hands. A large contingent of the firefighting efforts was coming from pumper 253 on the west side of where the origin of the fire started. The red arrows represent the direction of where the fire was traveling outward from the origin to the shaded reddish, orangish zone was where the fire able to be stopped from consuming the rest of the structure.

What is a Squrt™️ fire truck? The Squrt™️ fire truck is a brand of fire truck Trademarked by SNORKEL FIRE EQUIPMENT COMPANY CORPORATION on November 4, 1969, as you can see in the Trademark filing on the USPTO website https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:yri038.2.3 and licensed to different manufacturers that built these kinds of fire trucks like the one in service in North Greece was built by Young Fire Equipment Corporation in Buffalo, New York.

map of units on scene
Map of Units on Scene at Holiday Inn Fire courtesy of Matthew Pillsbury RRFD

Here is a list of the abbreviations of each of the different trucks at the scene means after each of the different fire fighting apparatuses is the number of that engine.

  • E – Engine
    • E-10
    • E-11
  • L – Ladder
    • L-221
    • L-251
  • M – Medic
    • M-220
  • R – Rescue Engine
    • R-222
  • P – Pumper
    • P-251
    • P-252
    • P-253
    • P-254
    • P-255
    • P-273
    • P-274
    • P-453
  • T – Truck
    • T-3
    • T-8
  • Squrt™️
    • Squrt 1
After the fire, in 1978, courtesy of Matthew Pillsbury RRFD

By 4:30 the fire was out, but the building was a total loss. A few guests leaped from second and third-story windows to save themselves. Thirty-five people were injured. Tragically, ten people perished in the fire from smoke inhalation.

We Remember the guest that perished that early morning on November 26th, 1978

List of Canadian citizens who died in the Holiday Inn Fire

They were: Rubina “Ruth” Cushinan, age 81, and her daughter Ruby Cushinan, age 61, from York, Ontario, Canada; four people from Etobicoke, Ontario, Maguerrette Duncan, age 57, 67-year-old Edward Farley and his 62-year-old wife, Lorene, and Pamela Sagriff, age 30, and from Bramalea, Ontario, Huguette Sundude, age 30.

Names of the remaining three people who died

Joyce Plumb age 42 from Arlington Virginia who had attended her 25th high school reunion from John Marshall High School the day before; Stephen Gregory Ford, age 29, from Ypsilanti, Michigan who was in Rochester for his best friend’s wedding, and from Pompano Beach, Florida, Nancy Garrett, age 26.

white rose
Photo by Aidan Nguyen on Pexels.com

Results of the Fire Investigation

The hotel had a host of structural faults that contributed to the easy spread of the conflagration: The “primary factors that led to the fatalities in this incident were the combination of the highly combustible interior finish, [and] unprotected openings that existed in the stairway,” there was only one vertical firewall between the two wings and the firewalls in the buildings did not extend to the roof, allowing the fire to rip through the top floor of each wing.

Aerial view of the hotel courtesy of Matthew Pillsbury RRFD
Sprinkler head from fessa.com.au

The hotel was equipped with a fire alarm system that included manual-pull stations and combination rate-of-rise, fixed-temperature thermal detectors as initiating devices yet it failed to do what it was intended to do to prevent the loss of life. It lacked a sprinkler system and Emergency Lighting. The alarm system wasn’t connected to the Greece-Ridge Fire Department or any other security agency.

The alarm system consisted only of one bell in the middle of each of the two wings’ five floors. The alarm didn’t have a distinctive sound nor was it loud enough. Guests didn’t recognize it as a fire alarm; they thought it was a phone in the room or an alarm clock. Furthermore, when hotel employees realized the alarms were ringing, they rushed to get people out, but no one remembered to call the fire department.

Burned-out corridor, courtesy of Matthew Pillsbury RRFD
Greece Police Headquarters Precinct 1, 1983 Office of the  Town Historian
Greece Police Headquarters Precinct 1, 1983 Office of the Town Historian

As news of the fire spread, the police department was flooded with calls. One volunteer Doug Worboys, recalls that after the fire he arrived home at 10:30 am, grabbed a little sleep, and returned to work the noon to 11 pm shift at the police dispatch office desk with fellow dispatchers Ron Timmons and Jim Leary. “We had callers from throughout the US and Canada; the farthest away, I think, was Puerto Rico. We referred most of the Holiday Inn inquiry calls to the front desk officer who was assigned to take all those types of calls. The next day they had a special line set up for further calls. You hear things like that happening in other places, but you never expect one like that in your own town. That day was a very busy day with all those calls along with calls for normal situations that occur day to day. That day was a very somber day for us dispatchers and all people involved in this fire.”

Although at first it was said that the fire was accidental, Police Chief Gerald Phelan, when speaking to reporters at the time, said that “his gut told him the fire was nonetheless suspicious due to its speed and intensity.”

Police Chief Gerald Phelan with Greece Town Supervisor Don Riley from the Office of the Town Historian

John Stickever joins the case

John Stickever, photo from his obituary New York Daily News, February 22, 2017
Butanone. (2022, November 8). In Wikipedia. https://en.wikipedia.org/wiki/Butanone

John Stickever joined the FDNY in 1959 and was assigned to Engine Co. 231 in Brooklyn. He became a fire marshal six years later. Durning Stickevers first 37 years as a fire marshall where he investigated numerous fire scenes where some were arson, and some were just accidents. In 1978, John Stickever, a New York City Fire Firefighter was just promoted to the rank of Supervising Fire Marshall in July 1978 and was an Investigator who specialized in arson and “essentially wrote the book on fire investigation training,” which is linked below. Mid-week following the fire on November 26, 1978, is when then Greece Police Chief Gerald Phelan contacted Commission Augustus Anthony Beekman of the New York City Fire Department to see if the City could send someone to help the Greece Police and Greece Ridge Fire Department to examine the Holiday Inn fire scene. It was Commissioner Augustus Anthony Beekman who called Stickever at home and the commissioner said he was the one who was selected to head to upstate New York to help with a case in Greece, NY.

When Stickever arrived he started to have firefighters clear the floor and in front of doors and other areas in the hotel, he began to notice things that the Greece Police and Greece Ridge did not see at the time of the fire which stood out to him. Stickever concluded that an accelerant of some kind had been used in starting the fire and declared it arson and the ten deaths were now ten murders. Stickever with his knowledge found burn patterns, and damage to the kickplate on the fire doors, and when the results came back from the labs, they found traces of Methyl Ethyl Ketone (MEK) otherwise known as Butanone was used as an accelerant which made the fire grow quickly in the stairwell, and with the winds at 2 A.M. were at about 10 miles an hour out of the North which help spread the fire quickly through the hotel, with that information both Stickever and then Assistant Monroe County District Attorney Crane, during in 1978 knew it had to be someone with the knowledge of MEK. In 1978 Stickever and then ADA Crane believe that someone would have to have knowledge of MEK and firefighting skills to know that MEK according to ilo.org a website that has information on all different types of hazmat chemicals notes under PHYSICAL & CHEMICAL INFORMATION that the Physical State and Appearance is a colorless liquid with a characteristic odor from ILO and WHO 2021. The other types of accelerants would have been easily found but because MEK was used as the accelerant it made it more difficult for the firefighters to fight the fire. If the chief of Greece Ridge had requested the airport chemical fire truck from the airport which was a carbon dioxide, dry agents, or alcohol-resistant foam-based fire suppression agent in its tank would have halved the time for the first responders that day, but no one knew what accelerant was used to start it.

16×9 Program on Global News From Canada

According to an interview Stickerver did with Crime Beat TV’s 16×9 – Lost in the Flames: Legacy of historic Holiday Inn fire and aired April 30, 2012, on Global News a division of Shaw Media Inc., in Canada, he remembers the interview one Greece Ridge firefighter said on the news and the body language of that firefighter on video, it set off some signs that were a sign that Stickever could tell that he was the critical suspect because during that interview that firefighter said he was driving towards the My Apartment Bar when he called the fire in. Stickevers pushed for the state to give marshals “police officer” status so they can enforce just like the police officers but with the ability to issue tickets, fines, fees, and official notices on properties that violate fire codes, fire safety, or other aspects of a building that would make the fire marshals not want to give okay to open the building or had to close the place down until it was brought up to code to ensure that it was safe for the public to enter the said structure with that state approved this the bill that created and gave the power to create a program on fire investigation and arson in every municipality in New York State you can read the bill along with the supporters and documentation by reading the New York State bill jackets – L-1979-CH-0225 by clicking the link here to see the full text of that bill https://nysl.ptfs.com/aw-server/rest/product/purl/NYSL/i/f6d59c1f-e1a7-405a-9359-6f4fe1deacd8

Here is a link to the article that was written by John Stickever in the Federal Bureau of Investigation Law Enforcement Bulletin in 1986 that describes the way he does arson investigations https://books.google.com/books?id=d_dcT71FVsUC&lpg=PA1&ots=auNtB2w7hF&dq=john%20stickever%20new%20york%20city%20fire%20department&pg=PP1#v=onepage&q=john%20stickever%20new%20york%20city%20fire%20department&f=false

Phalen’s Arson Taskforce

Phelan formed a special arson task force, operating a command center out of the Pop-Lar Motel down the road from the fire site. The team of 23 local and state investigators conducted more than 400 interviews in the days after the fire. They settled on five “persons of interest,” but didn’t have enough evidence to bring charges against anyone. The two main suspects were the Greece Ridge firefighter who had radioed in the fire and a man who “had lived in two apartments that had caught fire, then, using insurance coverage, moved temporarily to the Holiday Inn. However, he had a confrontation with a staff member shortly before the fire, and was booted out of the hotel.” Monroe County Assistant District Attorney Crane along with his boss Monroe County District Attorney Lawrence T. Kurlander was given a list of 5 persons of interest and 2 main suspects that the Police gave to them as the possible suspects but without enough evidence from the fire scene and testimonial from guest, hotel employees, and people who lived around the area, it made the District Attorney office hard to pin a person to be held accountable for a change in one count of first-degree arson and ten counts of murder from the fire as well.

The are 5 degrees of arson that any person or persons could be charged with but Arson in the fifth degree is the lowest and is only a class A misdemeanor where as Arson in the first degree is a class A-I felony.

Postcard of Pop-Lar Motel, 2976 Ridge Road West, circa 1960 from mcnygenealogy.com
SectionOffenseClass
150.00Arson; definitions. 
150.01Arson in the fifth degree.A MISD
150.05Arson in the fourth degree.E FELONY
150.10Arson in the third degree.C FELONY
150.15Arson in the second degree.B FELONY
150.20Arson in the first degree.A-I FELONY
The different types of Arson based on its severity of the crime

Here is what the New York State’s statute defines Arson in the first degree in New York:

N.Y. Penal Law § 150.20 Arson in the first degree.
  1. A person is guilty of arson in the first degree when he
intentionally damages a building or motor vehicle by causing an
explosion or a fire and when (a) such explosion or fire is caused by an
incendiary device propelled, thrown or placed inside or near such
building or motor vehicle; or when such explosion or fire is caused by
an explosive; or when such explosion or fire either (i) causes serious
physical injury to another person other than a participant, or (ii) the
explosion or fire was caused with the expectation or receipt of
financial advantage or pecuniary profit by the actor; and when (b)
another person who is not a participant in the crime is present in such
building or motor vehicle at the time; and (c) the defendant knows that
fact or the circumstances are such as to render the presence of such
person therein a reasonable possibility.
  2. As used in this section, "incendiary device" means a breakable
container designed to explode or produce uncontained combustion upon
impact, containing flammable liquid and having a wick or a similar
device capable of being ignited.
  Arson in the first degree is a class A-I felony.

To read more about the different levels that some can be charged can be found in New York Laws › Penal Law › Part 3 › Title I › Article 150 > Section 20, which can be found in ARTICLE 150 Arson on the New York State Senate Legislation Bills and Law Section

Assemblyman Roger Robach (right) with Governor Hugh Carey (center), 1979, from New York State digital archive

Assemblyman Roger Robach, who represented Greece, co-sponsored a bill in 1980 requiring hotels and motels with more than 30 rooms to have smoke detectors in every room and in hallways. It passed unanimously in the Assembly and after it was passed by the Senate was signed into law by Governor Hugh Carey.

Although an open case, it had laid dormant until 2010 when the Greece Police Department, first under Chief Todd Baxter and then under his successor Patrick Phelan, gave new life to the investigation. Everything was reexamined and witnesses were interviewed again. They concluded that the firefighter was the arsonist. The Greece PD submitted its report to the Monroe County District Attorney in 2015. At the same as Cheif Baxter began his investigation, the Canadian Government want more answers from the hotel fire as well because this was an international issue and yet to date, the Canadain Government and the families of the seven Canadians that lost their lives have not gotten any answers and are left in limbo they wish this case could be solved.

Press release from the Greece Police Chief Patrick Phelan
After the fire, in 1978, courtesy of Matthew Pillsbury RRFD

The District Attorney’s office, however, was not convinced that there was enough evidence to prosecute anyone. In the years since the 1978 fire, the science of arson has evolved and she didn’t feel that it was still conclusive without a doubt that it was even arson.

So, the families and friends of ten souls lost in that fire may never see anyone brought to account. The Holiday Inn Fire of 1978 was not only the deadliest fire in the history of the Town of Greece but in all of Monroe County.

Front page of the Democrat and Chronicle, November 27, 1978, clipped from newspapers.com

Thank you for joining us today. Next week we pay tribute to “the greatest generation.”

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