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Agenda Report - October 15, 1986 (57)
a CITY COUNCIL b=ING OCMBER 15, 1-986 CITY, COUNCIL„ THOMAS A. PETERSON a City Manager FRED M. REID, Mayor & O I �/ 'LJ `z 1 .� ALICE M. REiMCHE EVELYN M. OLSON - City Clerk Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET DAVID M. HINCHMAN CALL BOX 3006 RONALD M. STEIN E JAMES W. PINKERTON, Jr. LODI, CALIFORNIA 95241-1910. City Attorney JOHN R. (Randy) SNIDER (209) 334-5634 3 October 2, 1986 x MY. Robert Sterling Noreen Attorney at Law 926 J Street, suite 806 E_ Sacramento,california 95240 s Re: Claim presented on behalf of x • Suhailah M. Diriye - DOL '1/8/86` s r� Dear Mr. Noreen: o The Claim yotx presented to the City of. Lodi on September 30, 1986 is being rejected because it Baas not presented within 100 days after the event.or occurrence as required by law. 'See Sections 901 and911.2 of -^ A the Governm mt Code of the State of California. Your request for waiver of tie 100 -da limitation cn the subject Claim R -� will berp esented to the Lodi City Council at its Regular Meeting of � October 15 1986: Ycuwill be apprised Of the .Council's decision in the a hatter following .that sleeting. R. � Should you have any questions, please do not hesitate to call this office. Very truly yours, ;. 1 y - ALICE M. REDCHE € 9 City Clerk r=. o �. 0�74 S C i � 7 R -' Robert Sterling Noreen Attorney At law 926 J Street. Suite 806 Sacramento. California 958I4 (916) 441-1428 -- (916) 441-1429 September 10, 1986 61.5 SE(' 30 Pr! 03 ALICE 14. REIMCHE CIT Y CL:,: ---RK CIT Y OF LOD! =; CITY COUNCIL Subject: Request for waiver of 100 -day limitation on Claim. Dahir H. Diriye died of smoke 'inhalation in a motel fire in the Rainbow Motel during the morning hoursof 8 ,;anuary 1985. _x -z Tt vac cnme time t -1--c- •i. .. ,. � O 1 � ri Robert S. Noreen a�.FIV }� 305 W. Loc}ceford ii. Lodi, California 95240^P Si:`t ,'', 3 !1 (209) 333-7407 _ Attorney for Plaintiff ALICE iA ii�:`IaCHE a CI_i YCLERK CI } 1 OF LOUT 3 6 7 SUFFRIOR COCPT OF,CAHPO R,XIA I COUNTY OF SAN JOA VIN ! y q I' a SIiFhIT,au0. 3 i 7 I1 Plaintiff •i COP'_AI�7" F0P P,+ vs. L2 1 FOR t PO\—FUT_ LF •;.. 6377(,)) 13 .:r. SI-'R F. \ r) R A F. P AlF.T. »nc! I 14 �ba i and ^O!.c 1 thrrn: T:, ! 15 f - <a 16 L s 17 alainticf, c : !: %.;,, „ CjR I r F. , 18 19 Plii-Triff, c! VAI ,-. 1\•fir sola surviving t ' 20 ! }' Teir n law tii.�r.lnnfter ! r; 21- t„ , o 3, decedent ). Per re7atlrr :U^ In dace rTant rA F IR 22 23 \A: .:c RFI Trr- %SKIP TO 1 ; N �� Suh:rilnh i. T`iri�r :iia ' 25 i Z. refanctar.rti', Sl.'R+':�! R a and ;finRtiRi:a ea 5 26 and at alt tir-.;es }grain r•ipritione•l1, btie r: re,;i,}Nro of Srrc i -: 27 . Jo:Ic;riui Count., rnlit,�ri:ia, t rrr of T.c' 1 E 28 " 3 nlauitr! is r I: r.irlt n t►1? r ,e i \�I and cal.Nzcitl ' y E of defendants sued herein as NOES I through 15, inclusivf-, and therefore sues these defendant.,; by such fictitious nare�. 3 ;e 1! Plaintiff will amend this --r,-, 7 A F. * e n,—; , e to sot.— v:n..nFr ., r the occurrences herein alleged, and ',*.,it tltr- initiri,-, 1'arphl alleged were prciAmately caused hy ssid ne"Opovo. 4. Defendnnts on or hi4or? ranaged and participsted in Se ownerOdp of to- R Ak rn A X a T Y iocnrf-d at 607 T Chpmkpe Cann Tndi, California, 5. rn or ibout January 71 1966, it let Ar the night Apartment rj)r t*-,,ently-tuci cents (522.27), to dace,nt. p a n i ese L tetr LnIP Qn!%PS 4 and capacities when ascertained, MOST is Wwrined and 5 believes and thereon alleges that eac7- of said fif-titiotrAy 6 1 nared defendants A ne li A F. * e n,—; , e to sot.— v:n..nFr ., r the occurrences herein alleged, and ',*.,it tltr- initiri,-, 1'arphl alleged were prciAmately caused hy ssid ne"Opovo. 4. Defendnnts on or hi4or? ranaged and participsted in Se ownerOdp of to- R Ak rn A X a T Y iocnrf-d at 607 T Chpmkpe Cann Tndi, California, 5. rn or ibout January 71 1966, it let Ar the night Apartment rj)r t*-,,ently-tuci cents (522.27), to dace,nt. midnight, knowing thes.. calls were comine from Aoartmont #16. 10. Thereafter, at approximately 0115 in the morning of - 3 January 8, 1956, decedent approached the Manager's office and a reported smoke in Apartment =f16. There.cioon yrs. Shobhana 5 Patel, and her mother, went to Apartment F 16 and removed the 6 electric heater and indicated to decedent that the Apartment 7 was habitable, thereafter returning to the X anaper's ofVice. 8 11. Decedent, thereafter, event in to sloes in Apartrt2nt 9 x`16, lockino his door behind him, and sowetime tRere ift(br 10 attempted to make an additionnl tel?phoni-! call to Defendants', 'I1 i knocking the telephone fron the receiver. 12 12. Plaintiff died at soc:epoint hetweon 0115 and 1�13C, the 13 morning of Jan:iac-v 8 1986 from > carbon r.nn.axide noisnnina,, 1� more_ commonly known as smoke inha'_atinn, in An-l-nt *16. I 15 13. Defendants' at no tir:e hetv-ee:: %0,11? arc: 1030 on the i 16 morning of January 8, 1986 resaond to tele-)I•one inquirihs. 17 - i; They soug.ht no assistniice to put oi:t a fire in Anartr-ent 016, 1 13 �` took no action to ascertain whether a fire, or sr:o!cc, wa:; in I 19 Apartment- #16, end took no icti:in to proti-r.t tile wr.11—bni:lc, of )0 their guest, t!,e dec?asec'., after, lens:int! or -1,e reported', fire 21 in Apartment ' I6. 22 14. During the. evenine and morning - ' �; t• �. _ ,.. !Toicra of 7 ane. 6 January ; _ 23 !I 1956, defendants ne .iigently, owned, onerated, r..a:ntainE, and 24 ii controlled Anartr.:pnt #16 of the. RAIN Y0TFt., hdN,e 25 alleged acts and omissions so as to .cause the death of their 1 26 1 guest the dececi• nt end to Proxim, [r1 v eau>.- tice da:= apes � r 17 ' described below. 2S I; 15. ' As a proximatN result of the ne7li^encr- of DefenOlTots'; j i� 1 j I� I I , �. 2 3 ' 4 �Y 5 =. 61 �• 7 4 24 a 9 ij 10 -1 11 - 12 13 z 14 T 15 Ra 16 and each of them, decedent died on January 8, 1986. 16. Prior to the death of decedent, decedent's heir lived with him and was totally dependant on him for her sunctort and maintenance. At all tines prior to his death, decedent was a faithful and dutiful husband to his heir. 17. As a proximate result of the ne?lirence of Defendants', and each of them, and of the death of deczdo-nt, decederit's heir has sustained pecuniary loss resulting from the inns cf society, comfort, attention, ser icor, ar'• in the sun of five million dollar.;. 18. As a further prox"r.:ate result of the noa?i••onc- ni Defendants', and each of then.., nrd of t',e de.at': of decedent, Suhailah Dirive, decedent's wife and heir, 'ins incurrod funeral and burial expenses in the Sur' of four 0,nusanai 1 dollars, which is the reasonable value of suc`' services. 17 18 . 19 20 , 21 22 i -23 4 24 a �5 26 1 '17 and each of them, decedent died on January 8, 1986. 16. Prior to the death of decedent, decedent's heir lived with him and was totally dependant on him for her sunctort and maintenance. At all tines prior to his death, decedent was a faithful and dutiful husband to his heir. 17. As a proximate result of the ne?lirence of Defendants', and each of them, and of the death of deczdo-nt, decederit's heir has sustained pecuniary loss resulting from the inns cf society, comfort, attention, ser icor, ar'• in the sun of five million dollar.;. 18. As a further prox"r.:ate result of the noa?i••onc- ni Defendants', and each of then.., nrd of t',e de.at': of decedent, Suhailah Dirive, decedent's wife and heir, 'ins incurrod funeral and burial expenses in the Sur' of four 0,nusanai 1 dollars, which is the reasonable value of suc`' services. ij ij REQUIREMENTS FOR EXISTINGBUILDINGS, 1982 edition, statin? at 2 Sec.113 therein, '"Every dwelling unit and every 1-upst room in 3 a hotel or lodging house used for sleeping purnoses shall be 4 provided with smoke detectors installed in accordance with 5 this code."' 6 4. Defendant.- motel fits the Bt,jjJijq Coda definition 7 of hotel, that is, an enti:v providjn� sjeepin- rno;ns ?reatpr 8 :i than five in number or words t, that effect. I(-0 to subirit for 9 S. Defendant as of ZQ .3 n. fail yd approval to the Gitv ,)f T.oe-- -.In-.- nit.4ns for compliance with Sec.113 relatini- to sr -;oke detoctar.,, iil,) -t!rtherY!(-re, fair i to provide any sa:(Ike detector in A-),irtr.:ent x-',16 on the nizbt of plaintiff's death. 6. Defendant's failure to r,-,ak;p any effort to i:i%tnlI or provide -;-).;;ns for srioke in i--., seeninv r:)oriz; is in violation of State law ane Lodi Cit'-* Ordinance. 7. Because of said fnilure, Tip.enc.n.1t wa!� further negli�,ent 20 12 22 13 24 14 26 15 28 16 17 18 19 Sec.113 relatini- to sr -;oke detoctar.,, iil,) -t!rtherY!(-re, fair i to provide any sa:(Ike detector in A-),irtr.:ent x-',16 on the nizbt of plaintiff's death. 6. Defendant's failure to r,-,ak;p any effort to i:i%tnlI or provide -;-).;;ns for srioke in i--., seeninv r:)oriz; is in violation of State law ane Lodi Cit'-* Ordinance. 7. Because of said fnilure, Tip.enc.n.1t wa!� further negli�,ent 20 21 22 23, 24 25 26 27 28 Sec.113 relatini- to sr -;oke detoctar.,, iil,) -t!rtherY!(-re, fair i to provide any sa:(Ike detector in A-),irtr.:ent x-',16 on the nizbt of plaintiff's death. 6. Defendant's failure to r,-,ak;p any effort to i:i%tnlI or provide -;-).;;ns for srioke in i--., seeninv r:)oriz; is in violation of State law ane Lodi Cit'-* Ordinance. 7. Because of said fnilure, Tip.enc.n.1t wa!� further negli�,ent proper. Robert Steriinv Noreen Attornev for Plaintiff 1 2 3 4 ti 5 6 7 9 10 11 12 13 14 115 16 j 1! 18 20 } i 22. 23 24 } s 25 26 27 28 �z proper. Robert Steriinv Noreen Attornev for Plaintiff et 20 I� t VE RIFIC ATION 3 I, ROBERT STERLIKC \, OR -EK, declare: d ! I art an attorney at law duly admitted and licensed to $ practice before all courts of this State and am the attorney t =of record for plaintiff, in the above -entitled natter. I have read the £oreec.inr f otr.ntair.t and kn< cv tF:e center.[. z.... 7 22 thereof. The sante is true of my own knovl�,dee, xc.'nt as to thc..a Robert Sterliilc `:nrre:i, u 23 ratters which are therein stated on inforr.:ation and 1—liet, It3 Attorney far P} intift an (1, as to those matters, I heliev.- it to he true. 24 II I make this verificationhecous- 1 facts set £ort11 in } �2 said Complaint n re, wit -in ray kne;wledpe and h.�cause ii --;t ., 25 13 i attorneyfor the plaintiff nenein, I a- riore .`a:-i'..inr wit'[ 14 27 such facts than is the said Darty. IS Executed at Lodi, San Joaquin County, California, an 28 16 17 3 t I declare under penaity of permry t.*,at- the foreroir.V, _.N`�-" y QCYf` true ant! correct. [� 9.F-`^ Y'$"c ..moir. 'k 19' et 20 I� 21 22 Robert Sterliilc `:nrre:i, u 23 Attorney far P} intift 24 II 25 2)6 27 28 t _.N`�-" y QCYf` N'.�,5,..'. [� 9.F-`^ Y'$"c ..moir. 'k L \ RESERVE FOR FILING STARIP CLAIM FOR DAMAGES CLAIM No. 17f ia�f';�.,rEl TO PERSON OR PROPERTY SEP 33 c r 3 03 ALICE i:(, -f Cii INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than 100daysafter thev CLERK �Z�i C C� occurance. (Gov. Code Sec. 911.2) 2. Clams for damages to real property must be filed not later that I year after the occu-rence. (Gov. Code CI t OF L OD I Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place of accident. S. This Claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary. to give full details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk (Gov. Code Sec. 915a) ALICE M. REIMCHE, CITY CLERK j TO: 221 W. Piney Street, Lodi, California 95240 j Name of Claimant Ace of Claimant (if natural person) SUHAILAH M. DIRIYE ADULT (20-40) Home Address of Claimant Ciry and State Home Telephone Number 1411 Apt. #1, Iris Drive Charlotte, N.C. Business Address of Claimant City and State Business Telephone Number s Give address to which you desire notices er communications to be sent regarding this claim_ Through Atty. Robert S. Noreen 305 W. Lockeford, Lodi, CA 95240 (916)441-1428 How did DAMAGE or INJURY occur? Give full particulars. Claimant -.s husband was killed in a Motel fire within the city limits of Lodi. Subject motel(Rainbow Motel) was subject to regulated by City of Lodi guest i . tax provisions and Municipal Building Code. 4 When did DAMAGE OR INJURY occur? Give full particulars, date, time of day: During the early morning hours of 8 January 1986, between 12:01 A.M. and time of discovery, 10:30 A.M. Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and address and measurements from landmarks: Guest room #16 Rainbow Motel 607 S. Cherokee Lane, Lodi, CA 95240 z _ _i What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees qusing the injur or damage, if known. Note further in. articular Second Cause of Action of attached com laint. Dept. pp pp of Bldg Inspection & Fire Dept. of City of -Lodi, & other respor_2ble'depts., made no effort to inform or enforce Appendix Chapter I Life.Safety Requirements 5 for Existin Blds., 1982 edition, Se1c I13 reuirng approval of plans for` In smoke etec ors pre-existing mote City o Lo�ai among other inherant c �).•: t What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: Mr. Dahir Diriye a guest of Rainbow.; Motel on the night of .7 January 1986, Lost ; his life due to smoke inhalationduring the. mor- ming.hours of 8 January 1986 after repeated efforts to notify the management of a smoke-filled room on - What AMOUNT do you claim on account of each item of injury or damage as of date of presentatinn of this claim, giving basis of computation. $5,000,000.00, based upon actuarial, evaluation of°the above loss . assmciated with the death of claimants husband. w Give ESTIMATED AMOUNTas far as known you claim on account of each item of prospective injury or damage. giving basis of computation. SAME AS ABOVE MUST BE SIGNED ON SEE PAGE 2 (OVER) 5-77-500 THIS CLAIM lt£VERSE SIDE Insurance payments received. if any, and names or/—",rance Company: NONE Expenditures made on account of accident or injury. (Date— Item) (Amount) Ftmeral expenses, approximately $2,000.00, January 1986 Name and address of Witnesses, Doctors and Hospitals: San Joaquin County Coroner, Lodi Fire Department, Management -Rainbow Motel READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you fust saw it, and by `B" Iocation of yourself or your vehicle when you first saw City vehicle, location of City vehicle at time of -accident by "A-1" and location of your self or your vehicle at the time of the accident by "B-1" and the point of impact by "X". NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS Addendum, pg. 1 (cont) ACT or OMISSION requirements, such as notification of requirement and inspection. I (cont) DAMAGE or INJURIES from unknown origin. No smoke detector was present in the room. Claimant Suhailah Diriye has Lost the financial support, society comfort, attentions and services, as well as funeral expense of her : r late husband. x, a - a z i I I u _ 5,� "�'`+C N+vYy^A\��tr'C"s SK"4r- M �'u:�."- ��,a •qI. �-'� _ „.y,Y `�., h .`i S } jK r _ Section 10-5. Limits of districts in which bulk storage 'of liquefio.A petroleum ORDINANCE No. 1319 gases to be restricted- (' AN ORDINANCE ADOPTING The limits referred to to bn 62,105 -UNIFORM FIRE CODE," 1982 EDIT` of the Uniform Fire Code ll;d-i, In which U AND THE APPENDIXES THERETO, bulk storage of liquefied petroletim gas' ) WHICH CODE PROVIDES REGULATIONS is restricted, is the entire city except.in 1 GOVERNING THE CONDITIONS HAZ- areas zoned M•2 as such zone is defined ARDOUS TO LIFE AND PROPERTY i i in the zoning regulations of the city- FROM FIRE OR EXPLOSION: REPEAL- Section 10-6, Limits of districts in which ING SECTIONS 10-1 THROUGH 10-10 storage of explosives or blasting agents INCLUSIVE CF THE CODE OF THE CITY i, to be prohibited- OF LODI AND ALL OTHER ORDI- The limits referred to in section NANCES AND PARTS OF ORDINANCES 77.106(b) of the Uniform Fire Code. 1982, IN CONFLICT THEREWITH. in which storage of explosives and Q WHEREAS, the City Council of the City blasting agents is prohibited, are hereby 'v} of Lodi did on the 2nd day of May, 1984. established as follows: The entire city 1 read the title of the above entitled ordi- except in areas zoned M-2 as such zone L nonce and did thereupon schedule a is defined in the zoning regulations of public hearing thereon for May 16, 1984 the city. at the hour of 8:00 o clock p.m, of said Section 10-7, Repealed by Ordinance day in the Council Chambers of the City No. 1034.1. Holl, Lodi, California, in accordance with Section 10-8. Appeals. the provisions of Section 50022,1 of seq.. Whenever the Chief of the Fire of the Government Code: and Department shall disapprove on applica. WHEREAS, notice of the hearing was tion or refuse to grant a permit applied published twice in o newspaper of gen- for, or when it is claimed that the provi- erol circulation in accordance with the Bions of the code do not apply or that the provisions of Section 50022.3 of the true intent and meaning of the code Government Code as appears by the Af- hove been misconstrued or wrongly in. fidovit of Publication on file therein: and terpreted, the applicant may appeal WHEREAS, at the time set for hearing from the decision of the Chief of the Fire no protests were received by the City Deportment to the -City manager within Council: thirty days from the date of the decision NOW. THEREFORE, the Council for the appealed. City of Lodi does ordain as follows: Section 10-9. New materials, processes Section 1- Section 10-1 throush 10-10 or occupancies which may require per - inclusive of the Code of the City of Lodi is mits. hereby repealed and is superseded and The City Manager, or Chief of the Fire replaced by new sections 10-1 through Deportment and Chief of the Bureau of <. set fourth. Fire Prevention shall act as a committee 10.10 inclusive as hereinafter 1 Section 2, There is hereby adopted to determine and specify, after giving _ t.>,.• r- rrew Sections 10-1 through 10.10 of the ._ _ affected persons an opportunity to be _ Code of the City of Lodi to read in full as heard, any new materials, processes or follows• occupancies• which shall require per- s Section 10-2. Adoption. mits, in addition to those now c -i The provisions set fourth in the enumerated in the code. The Chief of the -Uniform Fire Code," 1982 Edition. Bureau of the Fire Prevention shall post together with the appendixes thereto, such list in a conspicuous place in his of. hereby adopted as the fire proven- fico, and distribute copi*s thereof to in. tion code of the city. The fire prevention terested persons, node of the city shall apply in oil mailers Section 10-10, Penalties. Section 1.7 of pertaining to storage, handling and use this Code shall be applicable for any and of hazardous substances, materiols and oil violations of the provisions of this levices: and to conditions hazardous to : chapter. life and property in the use or occupancy - Section 3. This ordinance shall be of buildings or premises within the city. published one time in the -Lodi News- " Section 10-2, Bureau of fire Proven- Sentinel," a newspoper of general cir' tion, cutation printed and published in the City 1 The Uniform Fire Code shall be en= of Lodi and shall be in force and take of 1 forced by the bureau of fire prevention tett thirty days after its passage. in the Fire: Department of the City, which. Approved this 6th = is hereby established and which shall be day of June, 1984 -operated under the. supervision- of the JOHN R. SNIDER Chief of the Fire Department Mayor L r 2iy' ti 1 i! p •� til 2 • h + Section 10.3. Definitions. i1� .2t Attest (a) Whenever the word 'Jurisdictron ALICE M.REIMCHE is used in the Uniform Fire Code, it shall City Clerk be held'to moon the City of Lodi.. State of California Section 10.4, Limits of districts in which County of Son Joaquin. ss. storage o4 flammable. liquids in outside 1, Alice M. Reimche, City Clerk of the above ground tanks to be prohibited: City of 'Lodi, do hereby certify that Ordi. - (o) The limits referred to in section nonce No. 1319 was introduced at c reg - 79,501 of the Uniform Fire Code 1982 in ulor meeting of the City Council of the which storage of flammable or com-' City of Lodi held May 16, 1984 and was bustible liquids in outside aboveground thereafter passed, odopted and ordered tonks is prohibited is the entire city ex- to print of a regular meeting of said c"4pt in areas zoned C -M. M•1 and M-2. Council held June 6, 1984, by the follow as such zones are defined in the zoning Ing vote S regulations of the city. <; Ayes: Council Members — Nin- ;.,. (b)- Uniform Fire Code " 1982,Section chmon, Reid, and Snider (Mayor) t 79.1401. Add o second porograph••'New Noes: Council Members None t bulk plants for flammable or•combustible Absent: Council Members Olson liquids are prohibited in the entire city and Pinkerton except' in, the area zoned M-2 as such Abstain: Council Members None, zone is defined in the zoning regulations 1 further certify'` that Ordinance No. of the city. 1319 was approved and signed by if,* ^( Mayor,on the dote of its passage and the 4 same hot been cwblish—i .. r' .n + �,. Q ,, APPENDIX I -A Division 1 REGULATIONS APPLICABLE TO EXISTING BUILDINGS o APPENDIX i -A Wy y LIFE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS a= - 1. GENERAL (a) Purpose. The purpose of this appendix is to provide a reasonable degree of I, f safety to persons occupying existing buildings that do not conform with the LS. minimum requirements of this code by providing for alterations to such a :fisting buildings. EXCEPTION: Group R, Division 3 or Group M Occupancies. (b) Effective Date: Within 18 months after the effective date of this apprndix, . _ I " plans for compliance shall be submitted and approved, and within 18 months ,. thereafter the work shall be completed or the building shall be vacated until made to conform: t (c) Alternate Materials and Methods. Alternate materials and methods may be"used, provided such materials er methods comply with the spirit and intent of - - this appendix. The chief may modify any of the provisions of this appendix in conformance S { r 1 with Section 2.301 of this code.. i 2. EXITS _ (a) Number of Exits. Every floor above the first story used forhuman occupancy shall have access to at least two separate exits, one of which may be an exterior fire escape complying with Subsection (d) of this section. Subject to the approval of the chief, an approved ladder device may be used in lieu of a fire - escape when the construction feature or location of the building on the property. - a make the installation of a fire escape impracticable. £ = J J EXCEPTION: In all occupancies, second stories with an occupant load of 10 or - leu may have one exit. An exit ladder device when used in lieu of afire escape shall conform with U.B.C. Standard No. 33-3 and the following: •� 1. Serves an occupant load of 10 or less or a single dwelling unit or guest i room." 2. The building does in height. not exceed three stories ; 3. The access is adjacent to an opening as specified for emergency egress or. - rescue or, from a balcony. „ 4. Shall not pass in front of any building opening below the unit being served. ;= 305 bk c. r. • � \ ......L oAPPENDIX 1-A "' UNIFORM FIRE CODE \ It — S. The availability pf activating the device for the ladder is accessible only from the opening or balcony served. -- r 6. So installed that it will not cause a person using it to be within 6 feet of * exposed electrical wiring. (b) Stair Construction. All required stairs shall have a minimum run of 9 y inches and a maximum rise of 8 inches and shall have a minimum width of 30 ; j inches, exclusive of handrails. Every stairway shall have at least one handrail. A . landing having a minimum 30 -inch run it,. the direction of travel shall be provided ! j at each point of access to the stairway. EXCEPTION: Fre escapes as provided for in this section. Exterior stairs shall be of noncombustible construction. -- EXCEPTION: On buildings ofTypes s ITI, IV and V. provided the exterior stairs g`, ype p - L �- ! !' > are constructed of wood not less than 2 -inch nominal thickness. ! (c) Corridors. Corridors of Groups A, B, E. I, H and R, Division 1 Occupan- cies serving as an exit for an occupant load of 30 or more shall have walls and ceilings of not less than one-hour fire -resistive construction as required by the r ' Building Code. Existing walls surfaced with wood lath and plaster in good j condition or'' -inch gypsum wallboard or openings with fixed wired glass set in y steel frames are permitted for corridor walls and ceilings and occupancy separa- tions when approved. Doors opening into such corridors shall be protected by 20 - minute fire assemblies or solid wood doors not less than l3/a inches thick. Where ' the existine frame will not accommodate the 13/4 -inch -thick door, a IN -inch -thick ` solid bonded wood core door or equivalent insulated steel door shall be permitted. ` Doors shall be self-closing or automatic -closing by smoke detection. Transoms 1 and openings other than doors from corridors to rooms shall comply with Section } 3305 (h) of the Building Code or shall be covered with a minimum of 3/1 inch plywood or'/: -inch gypsum wallboard or equivalent material on the room side. EXCEPTION: Existing corridor walls, ceilings and opening protection not in compliance with the above maybe continued when such buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler system may be it supplied from the domestic water system if it is of adequate volume and pressure. (d) Fire Escapes. 1. Existing fire escapes which in the opinion of the chief 1 `. i comply with the intent of this section may be used as one of the required exits. The a location and anchorage of fire escapes shall be of approved design and construction. 2. Fire escapes shall comply with the following: Access from a corridor shall not be through an intervening room. All openings within 10 feet shall be protected by three -fourths -hour fire � 3 assemblies. When located within a recess or:vestibule, adjacent enclosure walls shall be of not less than one-hour fire -resistive construction. Egress from the building shall be by a clear opening having a minimum_, dimension of not less than 29 inches. Such openings shall be openable from the inside without the use of a key.,or special knowledge or effort. The sill of an -- i opening giving access shall be not more than 30 inches above the floor of the € building or balcony. , f 306 H 1982 EDITION APPENDIX 1-A ••14 f `< Fire escape stairways and balconies shall support the dead load plus a live load of not less than 100 pounds per square foot and shall be provided with a top and ky . intermediate handrail on each side. The pitch of the stairway shall not exceed 60 ; q degrees with a minimum width of 18 inches. Treads shall be not less than 4 inches in width and the rise between treads shall not exceed 10 inches. All stair and t - balcony railings shall support a horizontal force of not less than 50 pounds Fer 4.c° Iineal foot of railing. Balconies be floor other shall not less than 44 inches in width with no opening k = A than the stairway opening greater than S/s inch in width. Stairway openings in such _ balconies shall be not less than 22 inches by 44 inches. The balustrade of each balcony shill be not less than 36 inches high with not more than 9 inches between balusters. Fire escapes shall extend to the roof or provide an approved gooseneck ladder between the top floor landing and the roof when serving buildings four or more stories in height having rooms with less than 4:12 slope. Fire escape ladders shall _ be designed and connected to the building to withstand a horiziontal force of 100 . . pounds per lEneal foot; each rung shall support a concentrated load of 500 pounds r - plac.d anywhere on the rung. All ladders shall be at least 15 inches wide, located f wi6in 1? inches of the building and shall be placed flatwise rclati ie to the face of f the building. Lac_der rungs shall be 3/4 inch in diameter and shall be located 12 .. . ; inches on enter. Openings for roof access ladders through cornices and similar projections shall have minimum dimensions of 30 inches by 33 inches. 4 The lowest balcony shall be not more than 18 feet from the ground. Fire escapes shall extend to the ground or be provided with counterbalanced stairs reaching to x the ground. r Fire escapes shall not take the place of stairways required by the codes under t t' 1 which the building was constructed. _ Fire escapes shall be kept clear and unobstructed at all times and maintained in z i ' good working order... (e) Exit and Fire Escape Signs. Exit signs shall be provided as required by the xr Building Code, ; EXCEPTION: The use of existing exit signs may be continued when approved by the chief. All doors or windows providing access to a fire escape shall be provided with a fire escape signs. 3. ENCLOSURE OF VERTICAL SHAFTS E Interior vertical shafts, including but not limited to stairways, elevator hoist- x ways, service and utility shaft, shall be enclosed by a minimum of one-hour fire - resistive construction: All openings into such shafts shall be protected with one- ' hour fire assemblies which shall be maintained self-closing or be automatic closing by smoke detection. All other openings shall be fire protected in an ;_ J approved manner. Existing fusible -link -type automatic door -closing devices may S be permitted if the fusible link rating does not exceed 135'F. i EXCEPTIONS: L in other than Group I Occupancies, an enclosure will not be required for openings carving only one adjacent floor. , 307 { s r APPENDIX I -A UNIFORM FIRE CODE A 2. Stairways need not be enclosed in a continuous vtinical shaft if each story is separated from other stories by one-hour fire -resistive construction or approved ddition all exit corridors shall be sprinklered and wired glass set in steel frames. In addition, the openings between the corridor and occupant space have at least one sprinkler head above the openings on the tenant side. The sprinkler system may be supplied r from the domestic water supply if of adequate volume and pressure:. £ - - 3. Vertical openings need not be protected if the building is protected by an P approved automatic sprinkler system.: 4. BASEMENT ACCESS OR SPRINKLER PROTECTION An approved automatic sprinklsystem shall be provided in basements or er stories exceeding 1500 square feet in area and not having a minimum of 20 square _ feet of opening entirely above the adjoining ground level in each 50 lineal feet or fraction thereof of exterior wall on at least one side of the building. Openings shall Z L have a minimum clear dimension of 30 inches. ! -- - If any portion of a basement is located move than 75 feet from required _-+ openings, the basement shall be provided with an approved automatic sprinkler r system throughout. .. 4 5._ STANDPIPES Any buildings over four stories in height shall be provided with an approved Cl ass or Class III standpipe system. 6. SMOKE DETECTORS Every dwelling unit and every guest room in a hotel or dodging house used for • sleepifig purposes shall be provided with smoke detectors installed in accordance with the Building Code. 7.SEPARATION OF OCCUPANCIES ' tj 4 Occupancy separations shall be provided as specified in Section 503 of the t Building Code. When approved by the ,chief, existing wood lath and plaster in �:.: � good condition or t/: -inch sum wallboard may be acceptable where one-hour 8 gypsum Y P CITY OF LODI FIRE DEPARTMENT",' ' FIRE INCIDENT. REPORT# 86-0018 ALARM Received 01-08-86`: 10-97 3} ❑ Phone-Emergency 1115 Hours D Phone -Business _ ❑ Box No. ❑ Other ~ REPORTED BY: i0-19 2030 Hours (Name) (Address) (Phone)CLASSIFICATION: MN11, kk Building ❑ Vehicle ❑ False - accidental ��' ❑ :Grass - El Refuse D False - malicious ❑ Investigation ❑ Other ❑ Other 1 LOCATION 607 South Cherokee Lane #16 (Building Number: Street/Avenue, etc.: Apt. or Space Number). - 'r TRUCKS,PUMPERS, ETC. F ON DUTY FIREFIGHTERS Fire Marshal Raddigan, Inspector Hawkinson. _ r € EQUIPMENT: Ir- (Lost. Destroyed or Damaged - Circumstances) "! (Equipment Left at Scene — Why?) OFF DUTY PERSONNEL: -. OTHER AGENCY, PRESENT. L.P.D., S. J. Coroner, State Fire Marshal (Police, L.A.S., Utilities, etc.) INSURANCE CARRIER: (Name) (Address) (Phone) x � ; OCCUPANT Diriye, Dahir H. :Motel_ Guest .. $ (Name) (Relationship) ADDRESS 7320 14th Avenue, Sacramento PHONE Unknown. 7 Shobhana Patel' Same as above OWNER NAME ADDRESS PHONE 368-1152 10, Y If Motor Vehicle ` (Type) (Year-Make) (License No.) WITNESSES: r(Name or Description) (Address) (Phone) ,', (OVER) l WATER DAMAGE TO: None ORIGINAL IGNITION CAUSED BY: Under investigation LOCATION IN STRUCTURE OF FIRE ORIGIN: Interior of Room 16 (what story; what part of structure: int, or ext. of structure?) ' OPERATIONS OF COMPANY - Responded to a request from L.P.D. to investigate a fire at 607 .South _. Cherokee Lane #16. Upon arrival, this"investigator found that a chair located in the sitting area of the motel room had burned.A body of a { naked male was lying next, to the bed. The State Fire Marshal Arson k - and Bomb Investigator was notified and requested to conduct an investi- gation. This investigator and Inspector Hawkinson secured the scene q awaiting arrival of State'Fire Marshal. Refer to L.P.D. Case #86-0299 t x r - 3 SSE -4 .SIGNATURE Prepared by:, - �' - - l-�" - Date. 1-7.0-86 Steven Raddipa Fire:Marshal.. 607 SOUTH CHEROKEE LANE _ a _-.F.D. -- #86-0018 L.P.D.,- #86-0293 S.F.M.- 1 INTERVIEW. 3 Shohhana Patel D.O.B. 6/23/50 607 South Cherokee Ln. s' Lodi CA "95240 C.D.L. #N9701635 ? x I -STANDARD'o CRIME REPORT - LODI POLICE DEPARTMENT. CONTROLLED DOCUMENT I.- LU 1. DATE & TIME RPFO. TO NO. > e4vso To ?../ ze 2,919 0 0/0 ? 5/0 Dal*. Cis U1 DATE OCCUREO 4. TIME S. DAY S. CODE 9. TO DATE I& TIME it. DAY 12. LOCATION Of OCCURRENCE :LAEPoArAREA 34. OR FIRM Hauf nAST. FIRST. MIDDLE)S. s DOS Ale -I STATE OF CA, cx7' o9'5< I& RESIDENCE PHONE 140. , 17. RESIDENCE ADDRESS -7-51:7o / V tljvi<- 19. BUSINESS ADDRESS OR EMPLOYER 220. RACE 21. SEX 22. OCCUPATION 23. BUSINESS P"Oft.- NO, 66 A.) 7 LL, 24. NAME (LAST. FIRST. MIDDLE) 2S. RACE 26 SEX 27.00CUPATION 211 SUS-14ESS PHONE NM co 0cc 29. RESIDENCE ADDRESS 30. BUS -NESS ADDRESS 31. COB 32. RESIDENCE PHONE No. > LU Z CL ✓ I el�j 31 NAME (LAST. FIRST. MIDDLE) 14- PACE 35. SEX 136. OCCUPATION 37. BUSINESS PHONE NO. 3& RESIDENCE ADDRESS 39. BUSINESS ADDRESS 40. DOB Al- RESIDENCE PHONE NO, 42- L)CENSF-CF NO. 43, YEAR MAKE AS. MODEL BODY STYLE 47. COLOR (I BOATIC 1 146. 0 VEMLE _r4. 46. OSH 49. SI)vECt NO. I JLASt. FIRST. MIDDLE) - NICKNAME(AKA) 150.009 ISt_ RACE 152.SEX aZir I 1 Sa. H7.s&wr. IsILHAI Sr. EYES S& SUSPECTS ADDRESS 59 PHONE -1 60. OL 61-ARRESTED O : YES = No LU N0.2 (LAST. FIRST. MIDDLE) NCKKAME(AKA) 64.008 65,RACE 67• AGE 6804T. 69 Wr. a. A 7t. EYES CL 166.SEA N U_ 0 74 SUSPECTS ADDRESS ri PHONE 74. OL51 7 ARRESTED Z CYES c 140 7ILVEHICU LICENSUSTATE YEAR LOA -CE MODEL STYLE COLOR 77 VEHICLE STATUS I 78 HAIR LENGTH 80 HAIR STYLE Al FACIAL HAIR 82 COMPLEXION 84 SPEECH 86 WEAPONS 2 SUSPECT 1 2 SUSPECT 3 2 SUSPECT 1 2 SUSPECT 1 2 SUSPECT GUNSfRIFLES KNIVES 0 -- 0 UNKNOWN 00 0 UNKNOWN 00 0 UNKNOWN 0 0 0 UNKNOWN 0 0 0 UNKNOWN 1 2 SUSPECT 1 2 SUSPECT 1 0 0 1 COLLAR 00 1AFROINATURAL 00 1 BEARD 0 0 1 ACNE/POCKED 0 0 1 ACCENT 0 0 1 AUTOMATIC C 0 1 HUNTING KNIFE 0 [2 2 LONG 00 2 ERAIDED 00 2 CLEAN SHAVEN. 0 0 2 DARK 0 0 2 LISPS 0 0 2 BLUE STEEL 0 0 2 KITCHEN KNIFE -1 0 0 3HANOGuN 13 C3 3 SHORT 00 3BUSHY 00 3 FU MANCHU 0 L 3FRECKLED 0 0 3 SLURS El 0 3 KNIFE 0 (3 4 SHOULDER 00 4 SV.C:H 00 4 FUZZ 0 0 4 LIGHTIFAIR 0 0 4 STUTTERS 00 4 NICKEL C: POCKET KfiiFE C 0 5 00 50j.;;LEY00 5 GOATEE C:) 0 5 MEDIUM .005 C C 5 REVOLVER C SIVU`LATEO HAIR tR TYPE 00 6 r:LAT TCP00 ISLOWER LIP 0 0 6 PALEISALL011 DESCRIPTIONS ADOL DESCRIPNS 0 C 6 RIFLE C C a SWITC.MAOE 1- 1 2 SUSPECT_ 00 7 GRZASY 0 E3 T MQUSTACHE 0 0 � 1 2 SUSPECT 00 7 SAWED OFF 0 0 7 TOY KNIFE 2- t3 [2 0 UNKNOWN 00 a MILITARY 00 8 SIDE BURNS 63 TEETH 00 1 ARTIFICIAL LIJUS 00 8 SHOTGUN 0 z CODES 0: 0 Ej I SALO --'- 00 9K'NY`TAIL 00 9 UNSHAVEN 1 2 SUSPECT 00 2 CROSSILAZY'EYE 00 9 SIMULATED E3 LEKGD4---J_ O C 0 2 THICK 0 0 10 PROCESSED 0 (3 10 VAN DYKE 0 0 0 UNKNOWN 0 0 3 DISFIGUREMENT 0 0 10 TOY GUM Q 0 MISC. I 0 0 3 THINNING 0 0 11 PUN."; 0011 ' 0 0 1 BRACES 00 4 GANG 0 11 CODES r 0 0 OTHER 0 0 0 4 RECEDING 0 0 12 STRAKAT 0012- 0 0 2CROOKEO 00 5 HARE LIP a 0 CALIBER I- CA 1 2 SUSPECT LI 115 WIG 00 13 WAVY 0013- 0 0 3 GOLD CAPPED U 0 6 HYPEIADDCr 0 0 GAUGE ---J_ a a I CLUB/BLUDGEON 006 0014- 0014- 0 0 4 MISSING [) 0 7 LIMP 0 0 LENGTH ---J- 0 0 2 cuTrsTAS ;NsTRumENr 007_0015- 0 0 CODES - 0 0 5 SILVER CAPPED 0 0. 8 PIERCED CAMNOSE 0 0 GRIPS r 0 0 3 BODILY FORCE 0 El CODES 0 0 CODES 0 0 CODES [3 0 6 STAJN:DECAYFO t) 0 9 TRANSVESTITE 0 0 MISQ ---J- 13 0 4 SIMULATED 0 0 CODES 0 0 CODES 0 0 CODES 0 0 7 0 0 10 GLASSES . 00 -all 0 0 CODES 0 0 CODES 0 0 CODES 0 0 CODES 0011- AL HANDED, RL HANDED 67 SUSPECT #I CODE SUSPECT Q CUTE Be SUSPECTVI SUSPECT #2 R L R L I cawat AbdomorwCt�t to0 A� 2CoaVJ&ckst 0 3 cUrls" < Hod/Faclp 1z 4 Glove LegWFe*t x SJ*..*y ShoUkWiSaCk 1 0 AW"w%""t a Pants S" Am Hand. IHfa&F3C* Sk. Mask 0 cl) LeswF." Shouldwie"A to swkv DISPOSITION OF EVIDENCE LOCKERNo. n EVIDENCE 0 NONE 0 FINGER PRINTS PHOTOS 0 VEHICLE X- . I FINGERPRINT LOCKER LU :)STAINED El ELOOO 0 HAIR 0 SEMEN a WEAPONSITOots 0 CLOTHES 0 OTHER PRINTS C STAINS 0 OTHER _ 1 1 0 C BOYS WHEEL SIZE MAKE MODEL -1 LCENSE NO, FRAME NO. 0 STOLEN 0 GIRLS'.INC' w BICYCLE FRAME COILOR T COLOR BREAK TYPE NO-OFGEA;ts HEADLIGHT �o t trSTO SPECIAL MARKINGS VALUE VALUE YES 0 NO NO PATEI OF I C. --A • - . ..�..... Loul, - -: `-. - PoiICE �Q.EP,A,RTMINT 1. CASE NO. 230 WEST EM STREET 86-00299 IADI, CAUFORNIX 95240 z CO�'eRT-ME REQ°; on 11 SUPKEMENTAI - " NARRATIVE CONTINUATION REPORT 3902 MISC. SERVICE REPORT RE r RsroRr 1. CODE SECTION 4. CRIME S. CLASSIFICATION a PAGE NO. _58311 __ PERSONS __ CARED FOR -_UNATTENDED DEATH 2 wn .c-3— r—c — I—* ri1 &# mi— LF— .. -111-1 w— Vnca.�cn�c L ow.�c�a Y. wtzUl HV. _ DIRIYE, DAH IR H. 17320 14th Ave., Sacramento lo. NARRATIVE On -010886 1 responded to a call of an intoxicated individual staying at the Rainbow Motel, 607 S. Cherokee Lane. When I arrived there I was met by the manager, Shobhana Patel who told me the occupant of Room #16 was due to check out at 1030 hours, and when she went to the room - for his wake up call, he did not respond. Patel used her pass to 'key in an.attempt to open the door but found that the slide lock had been utilized and she could not gain access to the room. >Patel could see into the room, though .her view was limited. She observed Diriye's =b clothes on the floor and also what*appeared to be alcoholic beverage bottles and beer cans. } - Believing Diriye was asleep and apparentlyintoxicated,` Patel called LPD to request an officer assist her in removing Diriye from the room. s I knocked on the door of Room #16 to arouse Diriye but was unable to do so. Due to the slide lock on the door it was difficult to gain a full view of the 'room, but l saw clothing and . alcoholic beverage bottles on the floor. It should be noted that during my first cursory view of the room through the opening crack in the door, 1 could smell a strong odor very similar to burned fabric though 1 could not see any items through the door which appeared to be burning or which had been burned. I attempted to arouse Diriye be pounding on the door and calling out his name. l received no response. ! advised Patel that entry should be made to check on the welfare of Diriye to determine if he required assistance. Patel told me to enter the room. 1 forced the door of the room by shoving it causing the slide lock to break free. l entered the room and saw a cushion type chair which had been severely burned. Fire had apparently engulfed the entire chair which was burned down to the springs. After determining that the chair posed no apparent danger, I,began to walk toward the bathroom in the room. I ` observed a dark skinned male subject lying on the floor next :to the bed about 11 feet from the bathroom. The subject was lying on his right side with his head almost pressed against the north wall of the room. I attempted to wake the subject but got no response. I checked for a: pulse but found none. Via LPD dispatch I requested an ambulance but felt he was deceased- I still attempted to arouse Diriye but noticed signs of death,.i.e., rigor mortis and traces of feces_ I secured I the scene not knowing if death was accidental or a homicide and waited the arrival of the ambulance. _Lodi Ambulance arrived a couple of minutes later. A paramedic used a life line on the victim -which indicated he had expired. 'A straight line was shown on the heart beat monitor. The paramedic left the room and I requested'a supervisor and detective to assist in the investigation. Detective Main arrived and we initiated an investigation. Before touching any items in. the room,.approximate]Y 30 photos were taken OfL the interior of the room and the expired subject. It should be,noted'that Diriye was identified by a visa found among his belongings. Diri,ye's body was 'moved'to determine if there were.any signs of trauma but'.none was found. There was x no evidence in the room to indicate foul play. Traces of.blood and mucous on the bed and it appeared that he Had vomited or discharged the matter during the previous'evenit;g. A thin f film of a -yellow substance was apparent on the ceiling and bedding and concentrated in the bathroom where':it was heavy on-the>floor,"walls and sink area. The substance appeared to be smoke residue or some other substance which emitted from 'the 'chair `while it was burning: 1. REPORTING OFFICER 17. REVIEWED RY 13 TYPED. RY ;'. it. DATE AND TIME 1S. ROUTED: RY '`. OFF• J _BELL #58 HJB r 011086 ". • ' - 2 . CASE NO. .' L I I' LICE DEPA,RfENT-,,� 230 WEST ELM AREEf ZcoNTINVA oa< LODI, CALIFORNIA 9$240 SUPPLEMENTAL CRIME "PORTPO4T 1 Olt tl .... - MIST- SERVICE REPORT NARRATIVE CONTINUATION REPORT 3902 ARREST REPORT } 3. CODE SECTION 4 CRIAAE S CLASSIFICATION JPERSONS* NO. S83H PERSONS CARED FOR,- UNATTENDED DEATH 3 7. VICTIM OR ARRESTEE'S 11AlNE -LAST, FIRST. MSDDLE. (FIRM If 6USfNE55).. - & ADDRESS 0 RESIDENCE. El BUSINESS L ARREST NO. ., H. , - DIRIYEDAHIR H 7320 14th-AveSacramento f M NARRATIVE After our cursory "investigation we came to the conclusion that apparently Diriye set the chair" on.fire sometime during the night possibly with a cigarette, and apparently the burning chair emitted a smoldering suffocating smoke and Diriye (possibly intoxicated) went to bed and was asphyxiated. It appeared that Diriye had made an attempt. to get help via telephone, and,.it appeared that prior to his death he had tried to use the phone but it had been knocked over along with a nightstand. Then he fell from the bed to the floor where he was found. Lodi Fire Department personnel were called to the scene. Due to the fact that death had been 'apparently caused by smoke inhalation a state fire marshal was contacted, and "a full `investi- gation was to be conducted by that agency. It was determined that Lodi7Fire Department would have jurisdiction in the case as the apparent cause of death was smoke inhalation and LFD took. over .the investigation and charge of. the scene. An SJSO coroner's deputy arrived on the _scene. d An autopsy had been performed on the victim but the report was not available at the time of this report. Detective Main interviewed persons at the motel and he wil"T submit a supplemental report relative to the interviews, including the interview of Patel as to her observations of the t t' victim on the night before. } � - r 46m �: •� County of San_ Joaquin OFFICE OF SHERIFF -CORONER { No. for Month...... i ?.................... »_..»_No. for Year ........... 15.............. __....._...No. of Cascs for Term..... 15-86 Record of Investigation into Death of. .... -. ......................... _._....w ._...______..._.._..._. 1-8-86 about 0200 hours = Dateand Time of Death:...................................._._.-_-_........._..........___•__•_._..___._.___._........._..._.............. ... .............. _»......... ............... 607 South Cherokee, #16, Lodi Placeof Death ................. ..__......... .............. ..... ..... ........................... ......................... ... Address of Decedent: .................. 426 W. 24th Street ,Charlotte .,North Carolina ....... ......... ..... ............ .........r ---....... � ..__....._..__..._ ..........__.........._......-._...---- ...__ ....._. Agr.._..:........... Racc:_Somalian-.- Seziiale.......... Birthplace...$otnalia..........:.............................Datr.___3c4=5Q Date Time Never Married ❑ Widow-er ❑ S. S. No ...... _..237-45-3951 ............ Autopsy 1-8-86 1430 Married ® Divorced ❑ Alien Reg. No 20617284 --------------- _------- Inspection 'o Student Unknown ❑ Occupation ........................ ...--_-_--_- -t Inquest _ —. -• -: Omaz D. HERZI e, Name of Relative .. .......... Phone: Addrrss...1115 E high Apt C, Jefferson City, Missouri __Relacionshtp__ - zher-__ ......... ...................._.__.... _....................... ....---__.._ ... Nance of Person Reporting Death:..__Lodi .Tolic4-Zepaxt:atony_:.___..DatC_...1-8-86..............Timet —1--6--h0yr8-' Deputy on Call .... _..... GROVE....._.._______________ ________ ____-__________ -________ _ 1` - •-, tV (dome. Street, ottt« Motel --------------- Place of InjurY Farm. Factory. Etc.)--....__..-----------------------_-- n_-�--- City City r External Location (City or Rural area. stater_-_ -of -Stockton-_ _____ yy Violence Date and Tinto of In'ur 1-8-86,, about_0200 _ f y _ ».. .. _ _ ___ ------------------------------------ = F - Injury Occurred: While at Work ❑ Not While at Work ( (Gain6tf Employmeat only) ` d Investigation into the death of the above named decedent discicsed the following: First viewed decedent lying on his back, with his head in a northerly direction, and his feet in a southerly direction, in room #16, at 607 South Cherokee, in Lodi. i� The body was unclothed, and was lying on the floor. No injuries were present. There was vomit around his mouth and chip area. The body was in full rigor mortis, with no livor mortis present. ( Lodi Police Department advised that they arrived..Qn the scene at the request of t' ;a Shobhana PATEL. Manager of the Rainbow Motel, 607 South Cherokee, in Lodi, 368-1152. Lodi Police Department advised that the Reporting Ps%ty called in regards to an attempt to get into a room and attempt to awaken a subject in room #16. -Upon their arrival, j they opened the door with a.passkey, and found the chain lock in place on the inside , ;1 of the door. The door was physically forced open by Lodi Police Department, and upon "a entering,. Mr. DIRIYE was found lying on his gide,in the same 'direction as -Z had ;.. :. observed him, next to the bed. Lodi Police Department advised they turned the j decedent over on his back, to inspect hits for any, vounds,but .found none. Lodi Police Department reported there was a strong odor of smoke 3n the, room and an upholstered chair had been burned at that location.'- There were. clothes strewn about the room, with a Seagram's Dry Gin bottle, 750 ml., and also a Hardy Burgundy bottle, which was empty, was found in the waste backset. There ,was also a Schlitz Malt beer can, 32 oz. size, on the floor. There was vomitus material next to the bed, and i ___»__� Disposition of Rcmains_.jeYoung..Memori_al_ ---- --- ------ S. a _T_O_C_K_T_ONCLIFORNIA UROStMtDPost bfortem and Examination by%._B_.P__MAD ._C_h..a..P._l_..__ __.._---..___»� ___ --------------------- .._------_-_____ After Oliicial Investigation into the Death of_»_Dahir H DIRIYE I Find the Cause of Death to be A) CARBON MONOXIDE POISONING Classification - - ❑ Unclassified 4 ® Accidental 'Poisoning - r_ ❑ Natural`- Suicidal-_JOIiN L ZUNINO (KG) al ❑ Deat6'wc,tbe hands nh- f of taochet Sheriff -Coroner, San Joaqwn Count ti07 tvam -n �DRONER CASE # :DECEDENT: DAHIRF H. DIRIYE PAGE THREE the door from opening.,He kicked tae -door open and physically forced the door open. Upon opening the door, they found the decedent on the floor, nude, lying on his side, next to the bed.' There was a strong odor'of smoke in the room, and the upholstered hair in the room had been burned to a charred condition. This was the only piece of furniture in the room that had been charred by fire: There was a gas heater in the room; however, it was turned off. Ms. PATEL said it was their custom to give each patron a small heater to warm the room during the evening - hours. She said wher, she went to the room. she grabbed the little heater out of the room before leaving room #16; she did.this because of jj Mr. DIRIYEIS extreme intoxicated condition, as she was afraid that there would be T,, a fire in the room. IA I checked throughout the room to determine identification of the decedent. I was able to obtain a passport from Samalia, along with an alien card, identifyingthe decedent. There were other personal cards, such as Social Security, identification and other personal papers. Property takenwas witnessed by Firemen at the scene. Notification is pendin99 at.this time. Remains were removed to'the Forensic Pathology Facility, where a post mortem.exam was performed to determine exact cause of death. Report on file this office. 1-13-86 Burial was made at Rural Cemetery, Stcckton, California. -1-21-86 Roche Biomedical Laboratories reports B/A 0.24%, carbon mouxide level 58.6% sat. NOTE: Carbon monoxide potentially toxic greater than 30% saturation r \ - _OFFKI OF E SHERIFF-CORONER J. K. _ COUNTY. OF: SAN JOAQUIN i COURTHOUSE CALIFORNIA t .-+ STOCKTON, TELEP14ONE'=9) 944-21St z i JOHN ZUNINO CORONER'S AUTOPSY 3 f NAME: DIRIYE, DAHIR H. " i Y� AGE: 35, SEX: Male 1 RACE: African-Black (Scmz�.ia) DATE AND TIME 1(3F DEATH: 1-8-36 at 'approxi.. !Ir 10;00 A.M. DATE AND TIME Or AUTOPSY: 1-8-86 at 2:30 P.M. PLACE OF AUTOPSY: SJCFPF 1 PROSECTOR: B. P. Maduros, M.D. HEIGHT: 67h" ¢.. 3 WEIGHT: 225 Dounds51 <: f POST MORTEM CHANCES: Generalized advanced;•-igidity.in large joints and '•; jaw Red lividity of anterior trunk, left uDper'leg and back.: EXTERNAL DESCRIPTION: Well-developed obese male. Black scalp hair with few_ gray hairs. Black hort`chin whiskers, up to 3'. 'Eyes `. have round and equal pupils, injected sclerae byt-no conjunctival petechiae. Teeth are in good repair. The left front upper midtooth•is slightly loose, however, there is.no bleeding and this appears to be,'a post mortem change due to rigor of the jaw'' luA with tongue protruded, causiing;pr'essure,on`the teeth. '„There 'are nomucosal' lesions. r -Left midforehead rear midline has a;horizontal superficial`.indentation, 1/2” which, appears to represent Dossible`pressuree'sther,antemort,-m o: post"m^rtAm. �n old burn scar l" diameter `is,nreaenr over'�the anterior. iibial asoect of-rhe right Inwer mid leg. There is a small amount of sttpaked soot over the ineer,Aspect of the righr':lover leg and the anteriorpc+rtion %+f 6e left ?ower lee.:- Ie nner portion 'of the k-ee has a'sont-covered'�royen'vesi.c�P,,,3/4",r�iameter. cimilar.linear soot-rovered abrasions -, `are present over the left lower: leg,6" x; l/4" jest }+elnw -Ehe knee and approximately `= fo:1r smaller 1incar abrAsinns up ro'1";each „ower rhe ?ntericr aspect of the `left lier leg.(the snot tovcrea abrasions 3DDC3r, 'O bs e>ther poet mortem or perimcrte>a - ..and are si+perfiriai first And pec^nd degree burns. s; There 'is no evidence Of �1unt"t�-au!^a externa? 1\ e C r forehead ,e xc_pt for the an_ left y -lnwer.leg superficial wounds described abo a . ` TNTFRNAL EYAM7NA'*ION: NECK: Symnerriral, normal-sizedrhyroi?. .Airvyy,p=tent. `Mucosa r-f thelcrynx and, _tracheais p91e, smooth,>and,glisren'ng,"Pod intact.'P.nd rhere.is, no Pvidenc� of any _ • 'soot parti_les.,in'the Airway— � r. r �.^.ecy Ai.r�+ay. _ Aiwa art paten_, thou-ho t. - No evidence of ` trauma. Pleural cavitiesfree :nf adhesio^s . a*+d f1ui8.. Righ* lu^g weighs , 520 grams and left 4_0'gram. No ^Pr-nc1,vmA1 1Ps1nnS ' Modpra*e Cn ^aro redPOt lungsPulmo-anyarteries •Pre of n#%rmP2 svze.and free of thrninboemboli Airwdvs are Datenr.'Calc:fi-d Rranul�sna nf.h•la-.noses"nn right, up ro l!2" aia=etcr. HEART:. Cle^r fluiei in smonth per•ca-di 1 c2v1ty. No- petechia-. Va1ven an-ear no"- a1. Grade 1./2:corona-y ante-y:d;sease,::all major:branch-s patent. No, myocardial:lesion. PERIONEAL CAVITY• - Su-fares --month and Ali teeing. No free Buie. =- ,,.. ' C�NT7NUFD PACE 9.:. • - g; DTRIYE,`nahir Fi J. tgrnner's Case 3 gags 2 Gs TRACT: EsophpguA is emp*y and m+�coaa intact. Stor:acl• containsnppr�ximately .� ?0 cc. of thick tan �cnus.: Mu_osa is i--ta_t. Duoaensa hos hyperemic mncoRa bsst is otherwise unremarkable. Small and large bowol appear nnrmAl. -T•IVF:R::2300 grams. '`Normal color =d .onsistcncy. GALLBLADDER: N^rmp1. , PA. CRrAS : Normal. 4 z APRENALF: s- 5PLF-EN:" 10� gr=s. Fairly firm p•�lg Two spherical calcified masses 3.0 �*na. iia- merer.; KIrMYS: Facb we;ghs 175 grams. Ca-sures strip with ease to revesi mcderatply Marti smooth cortex. Calyces and ureters are nnrmel. t PRIMARY BLADDER: Approximately 400 cc. of Chir. clear Urine. (alequct saved). Muc^sa is nc-rmal... }` PROSTATE: Usnr=arkahle. AORTA:'hormal. { CRANTAL 'C.AVTTY: No scalp _ lesions. Skull and meni zges aim intact.' Lprge, vessel) at::-_ the base shoe no abnnrmnliries. No evidence of in creased inteTcrsni2l preseure. Brat. I weighs 1330 granas. Sectioning reveals nor -al drain._ MACNOSIS: A. EXOGENOUS O?ESITY r B. CKEPRY RED?LIVIDITY:(MUgCLE AND VISCERA) CONSISTEiTT WITH 'CARBON `. �. . MO_.OXTDE POII;ONTNG. = ° C. PULYONe.RY CONGESTION. , CERTIFICATION; tjZwSISG Gb'� i. C sx� PAZW ai: t 0 SPEC114,4 Blcod, urine; and repre�en•ative tissue. : 6: B. P. Maduros. M.A. BPM.•ms T: 1-14-86 rSUBJECT NAME DAHIRE DIRIYE SUBMITTED BY: ACC ONY SAN JOAQUIN SHERIFF CORONER 04301250 CASE NUMBER DATE, 1-10-86 15-86 CC: DATE SPECIMENS COLLECTED LIVER KIDNEY LUNG 1-8-86 C. SANTOS rSPECIMENS RECEIVED:. X BLOOD X URINE BILE _GASTRIC RECEIVED BY: D HOWARD DATE, 1-10-86 TIME 2045 HOURS FROM: LIVER KIDNEY LUNG VITREOUS C. SANTOS PACKAGE/CONTAINER RECOVED SCALED: YES X NO INDIVIDUAL TESTS OTHER SCREENING TESTS RECORD OF PM ON: YES. X No INDIVIDUAL TESTS SCREENING TESTS TEST PERFORMED-'RESULTt TESITO UNITS* NOTE-: See the bards of this niport formfora description of the screening ing Acetaminophen rWL fl3ts and a listing of vAbIrtances which may be detected by each test. -A. Alcohol, Ethyl BLOOD �0.24 w1v) %( negative result indicates that none of the substances listed wet m_—^wad1 RESULT Q;j Acetone Alcohol. null Halogenated Hydrocarbons Barbiturates Hypnotics and Tranquilizers Cocaine Metabolite V .-4 � Cannabinoids Carbon Carbl,M:onoxide BLGijD 5:8 .6 % SAT. J Chlordiazepoxide mg/L' Na=tic3. Analgesics and Oiazepsm mg/L Organic Bases Clu&L' Ethchlorvynol moll. Amphetamine Methamphetamine Phenothiazine (Presumptivel Codeine Salicylates. null Morphine (non -conjugated) mg/L Tricyclic Anikirpremnts, Dual. T. Phenytoin Ing/ L avalitstive Drug Screen Phembarbital Salicylates Ing/l. COMMENTS CARBON MONOXIDE POTENIALLY TOXIC GREATER THAN :30 '..SATURATION... *mg/L-niill;graWUter-aticriDgronstmillititer-pant per million Blood Type Group NOTE- All specimens will be destroyed Sb days from date Of this report,- ;0 Type Rh union instructed otherve" otherwise. jfHood q 7%, J DATE 4 i �. Sjt1E FIRE• MARSHAL r `tr 15 I�.ARSON,, /ESTIGATION UNIT i+ PRELIMINARY -INVESTIGATION REPORT {. �' t.ra }�. •,Sjt 5 r' P:lOtos3-_Tal; OT CR AGLNGY MO CODE SECTION - - : LTadatermined Pire �. CRIME -+. I '', N<;jlf 4..,,;L.:. ith Fatality ' A. PROPERTY CLASSIFICATION 1 f. COUNTY •- ": DATE AND TIME OCCURRCODAT:. 7, DATE AND TSMC REPORTED f_ LOCATION OF OCCURRENCE 0100-1030 Teed.`: 1-8-86 -:•': ;tf35: �607'South 3- D[SCRI[[ BRIEFLY MATERIA{. IGNITED ANO SOURCE -,_ •.- -;. +; .-. Y " •. 'S.YX �; .Cherokee_.#15, '- VICTIM'! NAM C—LAIT. FIRST MIDDLE (FIRM {/ ■Ufl [SS/ -_ •••L'J t0. RCSIDCNCC ADDRESS _-_ ,w - -. -'-:� S t 1: /I. q[f. IN ON[ Dir iye,`Dahir:H. ,+ 7320 -'_14th=Ave I. OLSCRIe[ BRIrpLv EXTENT OF DAMAGE _d.`; ,.: ,:Sacramento ,Unknown.- -A. . OCCUPATION Student " IS RAC[—SEX 's'O I• G[ 115.O,O S If. BUSI ESS Aa ORCSS SCHOOL IV JUV CN I LC ` t =�_t.t.K4z IT BUS ► O [ H: $1,000.00 -`i fatality 3-9 50'r._s';_ _ f., JOGS FOR V—VICTIW - V—W 1µ=[3f P—PARRLNT RI—R[ ORTING PARTY -OC OI%;OVCRCO CRIME ' ._ ,1:.7 �t' rti ti _ �•,-. �1 r, -,? N rr,('-C'I� i -.r ...: -�_::-moi y' �' y'��y J'�•-�'i'����.0 y ..,a'���i O-*��� •. NAM[LAfT. FIRST. MtODI[ tti J, �yt4 X>1} .; 30 COD[ z1.4R[SIO[pcc ADORES! = - - _ y� 'S� 4y,�•�,F _ `?_ __. RES .► O C Y 3addigan,' Steven... ,�:, ._ - K _.•,��.,, . :RP: -Mty_'bl Lod -hrei!Department _ 209-333-6739 (.'OCCUPATION Fire Dlatshal 14. R C[ f[% <� LS AGL ;"'', %f D.O S IF C7 SVlI NESSAODR[S. IKNOOL Ii JVv[ L[ 1. :� hX L if SUS ►HON[`. ? <_` ., ,COO[ 2fQ:IvestElmSt `Lodi .CA'95258 rf, I.. "AMC ---LAST. FIRST. MIOOL[ +•- '•^ �yf ' k SF' '• fi[. f It k.-.-y::l. 30. SI R[SID[NG[ADORCSl: - "-'��-- -S�t-�� 32 R[f • OM[-N�-pS �'� ,... ,`. :..i r e ,., � .?H.'_ ki I.Fj �+�`( s ��, r,`nxrf �ti^1'{ .�:�L�. _.-::`�'y-. S;F. ��y�y�`Lys _ _ y",�a-4sYvct.•-. I. OCCUPATION _S J 34. RACL�S[X OS AG[ Sf 00f I 37 SYf IN[SS ADORES, SOIOOL IF JV V[ IEE "i �.Y*eF dry' ]f SUII. --o- OM5_ S[_ J SO- NAIR S4. [TES !S. ID NO. 7{a 5:_ xt�•' r3�ti-Y"igc qRt /. D[sCRIB[BRICILY POINT 0► ORIGIN t �.." ••t' s r�' =y h� J : . t t+ `• 11 `�. '� �• 1 L. 2. ss- � v u Seat'of ' 1 sitting area � chair 3- D[SCRI[[ BRIEFLY MATERIA{. IGNITED ANO SOURCE -,_ •.- -;. +; .-. Y " •. 'S.YX �; source of ignition possibly- a -cigarette, 'caused moderate -to maior"fire-damage to}chair - � _Unknown I. OLSCRIe[ BRIrpLv EXTENT OF DAMAGE !� : ScdPrate to major damage to chair. i:, MOTIVE FI ANCIAL TNLFT OR OTMER REASON IDR OFICN,E iJnkno an - �°'� _ r r, ' 9 a 9 a ( T, ESTIMATED LOSS VALUE ANOIOR NUMBER Or INJURIES OR DEATHS $1,000.00 -`i fatality N T FnR LAWENFORCENIE , 4. OCSCRIDE WCATMCR AND WINO CONDITIONS c Clear cool `' BE REFROBUCEA •and ` 1L40T TO 3. FIRE INSURANCE POLICY NO AMOUNT AND COMPANY Y J RECENT INCRE S[ IN COVERAGE 4+•I-'- f, SUSPECT 7. VCMICLC USCOLIC[NSC NO 10 NO YCAp MAK[ MODEL COLORS IGTMCR IDCNT/FY/NO CMARACT[RISTIC,I ( a C e Z. SUSPECT NO. t (LAST. FIRST. MIDDLESRAC[[X 30. AG[ 1 !I, T. S[_ J SO- NAIR S4. [TES !S. ID NO. ARRESTED Q MO Q -7.AOOR[3S. CLOTHING AND OTM[R IDENTIFYING MARKS OR CHARACTERISTICS - � .J i O. SUSPECT NO. 2 /LAST. FIRST. MIODL I w EYESS3. IDMO.OR ... t. ARRESTEE +" •_ .7. ADORES,. CLOTHING AND OTMCR IOENTI/TING MARKS OR CHARACTERISTIC, .. ., ;-: ,. ,[, CHECK II MORE -�•' NAME, IN - - ` • • - CON, INUATIOM Q • +EPORTING INV€STIGATOR = OAT[ AND TIM[ _ ROUTED BY 3onefal jch 2-26 86 . /URTMCR CO/IES YE! aa►OLICC DEFT. AGENCIES/INDIVIDIJAI.S ASSISTING IN INVESTIGATION' F .. .. :- .. .- ... -- - ,� ACTION TO: r ' Marshal j\ F?re Marshal T_taddigan Lodi F.D.'. -'i Q NO D PgOB. �I... ... T_ [cone fal - ATTY. DIST. .. A •J-1511.741 1' •' '' - OTHER '- - .- :._ _ .. .:• -' .. R[VI[WEO RY Y OATC qq qRt i, ti - _ . STATE FIRE MARSHAL - w Cof\ _ R �+C�kIMtI Ux INVESTIGATION UNIT } FOR LAW EeRCt:lNVE571GATION REPORT : F i tlSc ONLY - 4-.?' NOT TO BE REPRODUCED s Y = TYPE OF INVESTIGATION 'Undetermined ZA 86-00009 CASE Fltf, No: VICTIM :..' s .$lii5��fl�yT Ddnlr N DirzV2 SUPPlEMENT NO s� r ! - z COPIES OF REPORT TO _ ` -i i •-� Z r t1 yI„ �- l {, Jai S. S E 34 ©HEADQUARTERS DISTRICT ATTORNEY ©FIRE DEPARTMENT :'Lodi SHERIFF'S OFFICE San Joaqujn CO ..,. F Et. Steve Radd�gan _Sgt tlnderwoad Coraner x� I; ' Y ❑ POLICE DEPARTMENT w" U PROBATION Konefal El - -INVESTIGATION`SUMMARY- r r1PE ItIVESTIGATIO I 507 South Cherokee Lane, Lodi.. - On January 8,• 1985,: between the: of and':1030 hours, a ;--firP burnfd in -hours -0100` the interior- of the room.:, 'located at the. Raihbow hotel, et 50T: South Cherokee Lane a16, in. Lodi _ _ Dur -nu the on scene -'fire investigation, fire investigators :det&irilned that the `s fire had originated in the chair located in the motel room — r At this tine. the exact;causeof the fire is undetarrined but most probably was' . a cigarette being discarded in tha-"chair '. ter;' � •_ •, .;: ... ,. .. -_:: f ,. - - ' 'Found in the rocn of the motel uas tha body of the victim, Dahir H." Di! t ;- - CASE DISPOST.TIOrt: , r i.k Case closed. r✓ 4` FV vonefal, Intiestigator. e -J -OU REPORT- BY DATEfail ;` J AU -12 (o -a4) Page 1 ''' 1-= from the =State ".Fire Marshal's Arson and 3cmb'Investigation. Unit'in ;ahe 41 investigation.of'a structure-;fre involving .a fatality _ Statement `of Fire Marshal Midtgan r F.ire.'Narshal Radd�gan = stated,',that .the Lodi-' Police Department had. responded to 'a tip` call from the manager;=cf the Rainbow Motel in .Lodi requesting ;.assistance '.to,.� �- removQ r unwanted ;.guest ; Uoon "the . arr.ival of :the patrolman, --tie patrcl.=6 a �> forcibly opening.the :door to :.the motel-rocr�.found .that where. had -been -a :fire �n h F an overstuffed chair and that there -was- 3 -dead body An the room * _. Fire`.Marshal .Raddigan ^requested .that this Arson .and Bomb :Investigatorassist � him =: in determing the cause of the :'fi e, < and -:-to .conduct -a Follow 'up investigation frith the`San Joaquin Coroners Offices to determine_t6i cause of S x the death `o` the vin - ct� On..January8, 1986,' at :approximately .1400 hours, . this Arson 'and 'Soinb� I `Investigator arrived' - at. the°acene. fire Upon my. arrival at the:`f�re ,scene the i re -teas out and fire suppression cress were not on the scene. ;Oaring the- preliminary Investigation of the structure, tn�s Arson- and Bomb Investigator. determined that, the fire was confined to unit 15 of the `Rainbotr j 'No tel There was minor smoke stain type residue. found throughout the room -and moderate -to .major damage to a chair' irh:ich was located in the southarest corner a cf the room. - The body of -the v ict- had been removed prior to" my arrival - by - x _. the coroner's .ofrice. rel ' Statement of Patrolman Bel l .: T- — On January 8, '•1985; at approximately 1500 hours, - this Arson and Bomb' Investigator 'interviewed •Lodi .Patrolman John Bell,:_Sadge X28,:°at.`th. ,fire _ St _ -scene �''=Bel l - stafed thai -hey-respondeid to a cai*1'- i�-°remo�ee'--a drethlien person=fFars r >; ; the. Rainbow tlote7; 'xIo' -around . 1030 hours on;�:January'8, ':1985 He.'stated' upon r chis 'arrival he ras met by- the. owners of the motel. ,'..They:stated 'they would like = ? the Lodi Police Department to remove an individual, who had -_been drunk. - Patrolman Bell responded to'the' motel roon .015 and -found. that the door was partially open. Tire owners ad opened the door with -,the pass key`and yelled = several : times into _ the room trying . to get:; a response from ihe_: individ+sal Therewas :no . respons The ;safety;-.chain,;.Tatch was -still attached':r-from the inside . positron onthe door_ Upon ,:calking up to vile door Patrolman 3x71 noticed a strong odor of smoke coding from the room..' `Officer Bell yelled several- times and then !,irked the door open with iris foot en he hent inside the motet room he :.and that, 'he overhead -lights over the bed,in the batnrooi, and . in the sitting area were on. Once he got r: fu,tter insida the metal roam he noticed a partially burned chair in the sitting area in the southwest corner of the -motel room. There :ras no _visible { ,.FC neu-12 (6-74) Page 2 yT si �. ":' .., ) .•;yam t ...�:x �. _ s-:. -. -.� • ,' . ,t. si: r. ,. 's��r�#,...11�-acs - ..fie ... _ . �- s. '•'. FIRE/EXPLOSION SCENE N.A ORATIVE CASE FILE Not 0009 Page No 3 - s.:oke buttrtµ roan :had a=rc�rys-strong odor .of smoke. Patrolman ^Bell stated that thzsmokeador.i�as= sti'ting;`' €iit�not=�rioitgtio lria`,ce'Tiirz cough'- - Officer:tBell walked :in the -roaa,-and noticed the victim on the vrest side of the s be on. •: the`--._fIoor'. The- victim.:was laying _On its :side, naked with- his- head , pinnedbetween. the bed and the: -night`: stand:' Officer Bell checked 16r* vital ' signs and determined -thatthe victim was dead. y' _ ,J 3 - i oOffthoothwas on ihersheets f a: the bed. at the ':upper.- one _ third ':This would. correspond _to the .northern 'end.'of the bed: .':• He: al so :-noticed looki' "into `they bathroom- entry wa w ich was g Y. Y adjacent _to the bed- in''a westerly direction, a '.lamp which had rbeen knocked jj over on the fioor aiong:.with a phone ` •. S}:z victim. -.rias lying on alis r�gnt.aide �artiaily caverec( wlihbed :.coverings , The feet of the victim had ; soc�Cs on them The fiat t,�r� iyirtg p— of yellow cyyushion which had bolenged to the burned chair - ifpon his initial examination of the body, the upper extrerrltles _were in a- szmi t s z rigor. mortis .state Th ere:.were>no;_sign� .of aridity _aJhen' the bodji:had'-been colied over to ,:check :_for- possible .signs of_..fou3.play, there -:was minor hurn�ng i - I ? on the -:inner;-.portions of. _.the calves''. of:ahe .legs. =T,te cushion,' which the feet 11 4 had been resting on;'also had sustained minor,burning -- 4 L t Officer,3e11 stated ''through. the room there'was clnthing, a portable. cassette �S rec3raer., and a small vinyl satchel containing personal items. These items were se! ed by the coroner's office for safe keeping. Officer .Bell stated __that Det„ Ilan of. the Lodi Police Department had also ,_ , conducted'Inter4le rs.:at the.'_scene.-'(See'h1s report_,or- further details ) i MISt ,17 y Fire Ma _21 Raddigan obtained -written consent *cm the owner of the natel, Shobhana-Petal; for pQrmiosion to conduct a fire scene investigation '1 It17�RIOR'EXAM IMATIOM -OFA FIRE SCEME � • �� `. „; =J .' _:---The fire., had confined: itself td the interior portions `of .motel=room,.:lb There =:rasn0ezterior extension of the fire other than a strong:odor, -of smoke in aI5. _ 1 The contents in the motel rocs included ,a double bed against the north wall, a 1 2, niri�t stand adjacent to it in a westerly direc ion, a straight chair :Lindrneath the television set. on;,the' south-. Hall a burned-. overstuffed chair in..an alcove sitting area -..the -southwest.,corner, a: dresser. -against *the'.south .ti-_ -.: in the � sitting, area, 'a ,as heater in the north wall between the sitting area --and the bathroom, and several Magazinns, food, liquor. containers and 'plastic cups -.scattered throughout the room. Upon examining the carpeted_ floor, tris Arsan and Bomb Investigator found a cigaret.-e butt an, a du. -aped oder ash tray. underneath the television set on the soul,;i Nall, Upon examin fig other kerns in the room,- this .Arson and Bomb Inrestiga'or found a half, empty fi�'tn bottle of Seagrams extra dry gin on the chair :uncerneati the`: television set; `a fall, unopened:cun of Schlitz cal} Feu-iz tsaa. Page 2 t - .r ,i FIRE/EXPLOSION SCENE Nr `RATIVE CASE FIIE `No 8COOCg page No Iiquor,2� ounces, -at the'base`�f t�?eor3nge�tha�r; ansspty'.:giiar.6Dttle of , Gal lo'He�rfy:` irgpndy 'dine IocateaI the trash container. - adJacent to the gas wall heater; and "a partially empty cigarette package. located- on the: dresser. on ' the south wall In the sitting area; .and a `full -pack-:of'Salem cigarettes lying on the, floor adjacent to .the Iasp and: ao•_th; telephone -in the bathroom The key -to roon lb -was found on the floor in the bathroom adjacentto the phone and { the Tamp. } The hctim • - t �- -� The body of the .victim was r(ored prior to the arrival _ of this "Arson and Bomb ? o Investigator. _;-Upon rinterv�euring_.the'Peace=,-Officer-,:John Beil°,and°examining photos %taken �Dy the .loth _ Fire 'and Police . epartments :prior to --the.. :of u ' _. e the body, tfire-body"h�d-beerr iy�ng, on its right side at_the-western edge of :the �r I dpuble :bed ;ds,h The .bgdy -he :been reseJng: on... floors bei:raen _the bed and z �. F the night stand. There. was a pi-]lavr,:Wh7ch-:had sustained yellow staining,:on ane floor and •adjacent to':the bed in :this area ;Found underneath the pillow ,f "# and partially under the bed; was a cigarette lighter:,�,�<< On _ examining the, carpeted area underneath the body, t'�e .remains of human -feces was found the :carpet. Atw the '_area•._where:,:_the� head., had been_-lyzng,''-.there was `evidence of ,mucous which had come from -the-,-mouth /nose area or the victim , The Sed- Th? bed had been- equiped with a bottom- white sheat, a 'op Mnite sheet, two blankets and a .bedspread.. .On the upper --sections (Hort ;ern end) of the bed, r, there: were signs of heavy yellow. staining on_ the sheet and the pad :underneath t e. sheet. Adjaceni ,ao thisr going in _a �ouiherly__direction, there is-lig hte Yellow staining on ~the sheet along with slight blacl sooting ':;Upon=examining the pillow, Which was on the -eastern, upper .half of the bed,-ahere were signs of hPavy' yellow :staining and signs. of'a reddish colored substance Upon tt ecaminin the bedspread, it -had sustained moderate. to -.major el low Staining on 9 P J Y g the surface, which was directly- exposed to the room In areas where it.was folded, there were no .signs of staining. Uper exam tning the cushion, which wat found at the foot of the 'aed on the western ;'Side; there was' paetial'°sooting on s.the-surfaice �rrh,chr was _"exposed ! "Y the room. :The:.underside of: the cushion had sustained. no yel•lo�r'staimngar sooting: There are two areas on the exposed surface -.of the cushion where -;the yiicr,in's feet had protected the cushion from any type of std nin" Th ceilin over the double b_d in the motel rocsn was of a trelve inch by twelve inch Calotex type tile. The the had received a moderate &W untof staining''and several;of::the:.til es,were-in a part.ially.'collapsed state. It is unknown f.the "fire had caused -the collapses in the c_i]ing or not: I g, The drapes and the window coverings on the east wall had sustained noderate � =; staining. The southerly drape was partially pulled off the curtain reds Again it is unkno.-in if the fire had caused that or, not. It appears in areas throJghout t're rotel roc:n, lite yelio:rish staining adhered r. y x :•,ro on"hcrizon;.al surfaces than on vertical surfaces. . 1 /. -ASU-t2 (6-74) Page 2 - -85 •rods r f-'ksF'i,'t � -•'� r �> E6-00009 5 �:.fIRE/EXPLOSION SCENE N?-QRATIVE CASE FILE Not Page No- -7' Itl2 bat1r0O"1M. _ eu+Yfw✓`W�.c..++•.. ..M.--X..i:l.�w.'•ii•YIML.-•r i....«.. .. - 1 .... � .++.:-s.S - �� - The bathroon. area had sustained;a.sigiificant amount of staining '_`Items ,in the 'bathrocm which included towels, -a' am , the sink the toilet ''taiTet. aper shower `curtain, etc., had received -major amounts of yellow staining: ;'The floor ana the: -,,ceiling :-had sustained .a significant' 'amount :of the -:'staining.._ This - staining :was found throughout all:.exposed.-•turf aces in the bathroom -'and in other. �. t portions of'the motel room k T Examination of the Chair- The chair- Ww ich was located: �n :the sitting portion- of the motel rooz:tm, had r Y`— S sustained a moderate to'-ma�or.emcunt of fire: damage The `seat cusfion to the ^s s chair had�be e n.. -Mm, o-ugck;`pr 1 o r to ;the fire; and, sustained a: ni mai amount of. sooting "this•"i$'thatwas found at'th2 foot of thi'bed. t _ x The overstuffed' "chair 'had a wooden: Frame and had horizontal s cin s inthe, seat portion and.r'in the back. portion -of the chair _The `chair. was upholstered with A� a yellowish', cloth -with ' a type of ,white -material for:. batting .The fire -:had ��r t ' damaged - the cloth covering to::;the. spr�ngs;in the,seat of. the chair. The back of, the chair had: sustained 'inador fire. ,damage.i'ao -the `clothwhich .had been t r -.attached .to=the:'vertical springs :The cotton batting in :the seat portion `and: .- 3n the upper vertical port}on• of the chair had.` been :totally burned away; The r Jive springs' springs and : the seat of :.the- chair, _- the center :'spring was =..zn .a °convex position compared: -to the other springs , The three vertical,.springs zn the back of .the chair. were found to be in a straight condition. The fire had consumed the majority of the horizontal portion of -the arm -re S4 on the left side (west side) of the chair. The. fire. had completely burned the wccden .-portions, of the farm rest and' the cloth ,-m. terial .directly underneath it extending to the'' 1c�r�r woodmen' fraise:of tiie :chair Tile -right side' (east side) of the chair, there was -minor.-to moderate. fire dacnage._to the horizontal. -.portion _ w of the wooden arm rest. The'fire had extended downwards moderately burning the . cloth material directly below it Upon examining the cloth. material on the underside of the chair, there were { several -,large burn holes to ..the _•.bottom portion. The; fire;had extended In a dcwnwerd position, _nvolv.jng j�nis,low4r sectioj► gf- cloth_rga+ertdlt ''�.Tne cloth material backing, on .the back side of=the ciiazr,.had sustained major f yellow staining to ,the cloth material. There were signs c?f.it being partially burned, "discolored, on .the _upper' one half' of -the hack of the .chair. On the Iewee western end bottom of the .chair, vy `there was a `heaburn to the` cloth: This was approximately six inches frem:,the bottom of ahe.upholstered part of ,x the chair. This corresponded to the area directly below the left side' (west sic?) horizontal arm of -the chair Upon examination 'through she-deoris remains found in the chair and under til E: chair, 'here rias no signs of any .ignition source found.' � The carpeted area adjacent to, around, and underneath the chair there were no �t signs of any ignition sources. On the carpet directly at the foot of the the ,raC.lains Ui human vcnit Yes found. .`' r`�Iw ABU -12 t6 -74t Pa9c 2 es aver N y+ • i i# FIRE/EXPLOSION SCENE N!PARATIVE CASE FILE No.�•eD0Dg Pope No 6 This Arson and Bomb'Invest�gat`or t���ffi � �ne�leci r�Fal; :and tth heater in the . room and" i o�iid `tFai :-rt;� s.fire was ,..not , caused b z y.a mal.function of the he - _and/organ electrical: problem CO-11CLUSIDW DF 0'SCUJE FIRE. I IVESTIGATION:: -" ThisArson and Bomb .Investigator. determined that ; the cause of the. fire in.: the j. chair' was most `probably due to: adiscarded cigarette Jhere were :no signs of ` any.electrical, natural ga r -any other accidental cause -to the fire` Y� The�motel:.rocm had sustained an ':extremey.amount of a yellow staining j}YThe room g 4 .had.=sustained--very ,:little, smoke `and heat :damage :.Items -which.:were conhustible ;_ n and were.a¢jaceat_t:_the.burned chair,?had recerved no fire damage ;Throughout the. mate ,*-Fs Iow staining appeared en thQ exos�d 'horizontalT' �; I Burr".aces On;:t�e, r<erticftlti $urfaces there was small staining residue s .. r v4 Thls:Ar_son and Bomb.1hv'dstigatdr retained ;as evidence, ;and 11 conduct tests W1 to, _the burnZng:,.material of `the° char ,and cushion to 'determine ,the`taxicity of T - the smoke, the color of the smoke, and if any, residue that is produced when it 1s i.n a`burning-state. J x This Arson and Bomb Investigator nade the following ooservatZons _ .. _ t 1 Thevictim had been lying on its side on the floor of the motel _roam ~'fhe x ' wictin's feet were an top of the seat `cushion which had sustained.a very. ' minimal amount of fire _damage. There.�rere trio areas «here the Victim's feet had protected *he cushion from any type of yellow staining 2. The vicwas` a smoker -and there' Kere discarded c�garotte.- gays found on the .floor of the motel 'room 3.: fit approximately O100 hours the victim had reported afire to `the .manager at the motel. -They .both ran back to room Ib. The tenant had an odor of { w liquor about. his person: ;7he owner stated that there were no signs of: any x '= fire andremoved a.portable electric heater r a: Founds ` *hroughout r the room there eras 81 Cotio9 beer, ands an 1 emPt,Y .�w1ne %% bottle: There were signs of human vomit. on the bed,.'and also on 'the. carpet .:' e found at the foot of the bed. x 4 5. -There w?r2 no signs of.any ogler forced entry made by anyone besides the -Lodi Police Officer who damaged the door 'jamb when he :gained entry :into � the room. i_ t Evidence: This arson and L ,b Investigator collected several pieces or evidence frcn the ! Mire scene. (See evidence tog.) Photographs- -A Y This Arson and Lomb investigator took several photographs along with the Lodi � Fire Department and Polica De�irtment. i - " ABU- f 2 16-741 Page 2 , ' 85 t E�W4 Sv ''+2r`°'i+' sa..� ._ysx,,,,�.u.asfr_1m_ ,.<K t: -.K.ti .w, � -,..; .� �' . r]:.;- s=-- ,a... �: .ri... � mac., .., .. .>., �. a.. ,,,�:- w..aw..,h-:a:- ....,..., . uM .:,=.e,•.- - :r' • Jam.. ►` 'INVESTIGATION NARRATIVE %� 7 ✓v5 - CASE FILE No. Page No. .. .. .` ` M nye„”. L • .t .FL 1>+�`_' FI�E PIUcSTIGATIOM 607 Seuth Cherokee Lane, #15, Lodi I-ti-i3fi >.. On 'January 8 ,1435, at approximately 14�U hoars, an autopsy was conducted on 1: the -victim's body. Sgt Underwood of the San.•Joaquin Sheriff/Coroner's `Office: stated . that ...there was no :sooting found In .the inner respiratory organs of the rz� ¢- victim The interior body�sue was .a slight cherry red m color .. j • ' � '�' ..... --, is : • - .,�a .,. Sgt. UnderTrood slated that:'a sample of olood>and tissue were taken to deter^rine levels of ..toxicity : in the body The. Coroner's office will •deterr►inQ the `:exact - = cause'., of : eath,__ iJnan, t e. receipt, o e results of .the examination ac:the I tissue by -''� a copy of the coroners report w i 11 be forward to t is office r s + { rine idarshal P.addigan conducted.severai interviews of the oiners of aha mater (See his report for details. of these interviews.) . ,j `, ' � v � rte;,'' ,c • ' _,r.,. �' s °.r~ s >4�nj ..On `January 9,~��98b, at approximately I545 hours, 'tn�s _Arson'. and Bomb Investigator, along with Lodi Fire'. tlarshal:Steve Kaddigan, conducted .several .` ::field tests of the evidencegathered. at the scene:_ These tests :included -::;=using an 'open flame device (match):and. e. lit cigarette;. (Saleim filter brand) on the c;,4ir's foam cushion, .the gold colored cloth covering'to the chair and cushion, µit the burlap cloth found ,Zn the interior of the chair, and the cloth lining found �. at the bottom of the chair. Upan burning the foam from the cushion tiith an. opPna;f]ame. device, it' had supported combustion and produced -.large 'quantit?es of black smoke: -Lt was F totally. involvea in a, few seconds. Upon laying a cigarette on the foam, there was a. small a�r�ount of burning which corres ond�. with the burning '. c g p g f the r, cigarette. There was never any open -flame.'. Upon using an open flame deice on the ye]low covering to the crair, there^was ~ a ` small>> amount of wn�' e ;, smoke pro,uced in:_ a _ver/ slow f1r� It had' self . ext ingu-i'shed'--: III n' a' co:ipl'e of ifiinutes. t f^� �„ r � Upon utilizing an open flame device on the bottom liner to the chair, the liner 4 ;94d supported ccrrbustion 'and produced a large �i�antit of, white smoke. U an z PP P g , utilizieig a cigarette. on the bottom liner, the cigarette did not ignite the l liner and self extinguisnea. ;fl - - Upon utilizing -an ,pen flare e'evice on thy-:bcrlap. fabric o the inner_ l�n�ng cf �Y the chair;. taere. was.- a.:_sctall-�anount.',,o`--burning :.before it self -,extinguished. . Upon utilizing a cigarette on top of the burlap material , t:le. cigarette' did not 1 Finite the material and self extinguished. .a T�.is Arson and Barb investigator concluded that upon burning the yelIo:r goldish � color coverg rito the chair, ;.he bottom liner of the chair an,'the burlap inner ° .. linin,, of ttla chiir i4ith an Open fi•'ne device there rias a small amount of smite 1 smok-2 produced. There were no signs of any black smoke being produced wh-n tai: -se items were under going combustion. wv-tzleJal Page 3 85 94470l + INVESTIGATION NARRATIVE' CASE FILE No. Pogo. No. " ..' ..- r• =11 f _( t rs t Nt•r t 1 !1 n t r Vi. a -• '- y; /rp•t 4M - - tl _-,1...1 i .IoL-t__.' ..t _-put s1.1._i.L .11...-..L •a:.Af.._L.t=..: ; - - - - - -. open uti`l�ztr+.g an .open Flame device ca tne,.foam;cushion, a rapid .fire, which produced large quantities of black-sr:.oke occurred. Upon utilizing a cigarette on each of the above hens there`.was ro fire.invoIvenent to :any ef:',the itans ` On F'bruary ,1;19869".this Arson and Bcrb Investigator` received a ;copy of the" { autopsy report fran the Sa Maqum County Coroner's _office The report s*ated that -the victim, -Dahir H.- Diriy2 ;had a _blood _alcohol level of --0 2A.» --and a_ carbon' monoxide f� '_ Yi level ot"53 fig. The cause of death was lusted as carbonj r, 3 . monoxide poisoning F �� :, ". �„�-.��-may .�` t - t? r- f ��. •r ��` _,a, _ \ - 2-3 36 ..•a_.i �. - :f..�• � I fin.. February :3 1586 ---this Arson and i;cm5 _?Inxesq-igator::contac�ec ,the StatQ oi+= California, Bureau.of ",Home Furnishings Chief -_.Gordon .Damant, phone X925 920 s� y 5951 I :asked Dan;ant if At- was possible'. -that'' A smoldering fire:;. in a 'chair could produce. a different. color sroke,_ot+ter-'than. black?,,•Damani stated the test:. dine of..certain, -types of coitop batting, filler material;';..vinyl;'coverings and foam cushions',.and :faller material, during• a smoldering: type :fire; produced a-' h' white :to_clearish smoKe During the: course of some fires, a yellowish sialning , cdu�d occur. - M!-itUSIM OF INVESTIGATIDvi - This Arson and Bom "Investigator reels atter reviewing the tine scene, the =s Coroner`s- report, conducting -.,tests .'and, talking with the Bureau of Kome . r " Furnishirig s-,: that -_ the •: fire. lrt�.the :chair rras;-a: fang, amolderin t e. _Products : g yp. of ccmbustlon-iiera produced ^ricrig •thc.^r was carbon' monoxide: F The victim. had a high level of.alcohol in his oloodstrean. An Unknowny caused i fire ,could have occurred . in the chair, .the victim could have extinguished -A rekindle s -ordering fire possibly occurred while the r;ct.m :'has not awake fi "CASE DISPOSITIOiI t t '_M - Case closed + _ zF -moi 1 A _ AV- 12 taaa> Page 3