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STATE OF NEW YORK COUNTY COURT

COUNTY OF WASHINGTON

OFFice OF TI-lECLERK SUPREME e COUNTY COURTS

THE PEOPLE OF THE STATE OF NEW YORK
-AGAINST-

JUN

1120i?

WASHINGTON COUNTY

Notice Pursuant to

Article 710 of the C.P.L. Indictment 1-080-2012
Defendant.

Steven

McComsey.

The People of the State of New York, by Kevin C. Kortright, Bsq., District Attorney for
the County of Washington, State of New York, hereby provide notice to the above named

defendant of the intention of the People to offer at trial the following evidence:
[8]Evidence of a statement made by the defendant to a public servant, which

statement if involuntarily made would render the evidence thereof suppressible upon
motion pursuant to subdivision three of section 710.20 of the Criminal Procedure

Law. Such statement, if applicable, consisted of:

l8l Evidence of oral and written statements: see attached
1. Summary of Statements SJS 4148862
2. Statements

to Tracy Sne11 on 7/13/11

3. Statements to Det, Larry Cote on 7113111 on attached

C.D.
4. Three page diagram of home made by defendant

Dated: June 14, 2012 Yours, etc. Kevin C. Kortright, Esquire Washington County
District Attorney

County Courthouse Building
Fort Edward, New York 12828 Tel: (518) 746-2525

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EXPLOSION INVEsTIGATION
SJS 414Bts62
CPL710.30
1.

Statement to Tracy Snell on 07-13-1 L
Statements to Del Larry Cole on 07- 13-11..

{attached}
{CD Attached} 29, in the

2.
3,

Oral (telephone) statement to Inv. DJ Mosher on 07-13-11.
On 07/14/11, I contacted STEVEN M. MCCOMSEY 08/20/78, regarding the propane tanks at 4383 State ROUle Town of Salem, NY, MCCOMSEY outside the residence. check the furnace. basement, MCCOMSEY stated that he came home from working wilh TAMMY PALMER and he had a Cigarette noticed a pl!ff of black smoke coming oul of the chimney and went 11'110 basement to the smelted the odor of sulfur in the MCCOMSEY MCCOMSEY then went back

MCCOMSEY

checked the fUr.lace and it was hot to touch, MCCOMSEY

MCCOMSEY

went outsIde

to gel

some air and asked PALMER lflhe heat was on and it was not

wenl back into tM ba$ement and turned Off the propane to the water tank near the furnace. Olltside and turned off th&l propane tanks attached to the house, tank) and the untoff valve did not turn, MCCOMSEY tumed a few titTles until It waS off, MCCOMSEY and it was heating water to his bedroom. in use and he said, "really:

MCCOMSE~.Y first welnt to the tank towards GreenWich (west

then went to the tank towards the driveway {east tank) and the valve

further stated that the tank towards the driveway was the gas they were using not 5upposed to be

to cook with and heat water on the second noor. MCCOMSEY advised the tenk under the stalrs was ari electric water heater I advised MCCOMSEY that the tank towards the driveway
WEIS

4,

.".I

2.2 •• ..

~ .. 'd

•.. ·b

5.

Phone cal1to Steven McComsey by Sr. lnv. Thomas Aiken on 08-08-11.
Phone caU to Steven M. McComsey On Monday. oe·08-11, Sr. lnv, Thomas M. Aiken called Sleven M. McComsey 08-20-78 by telephone at 9:22 a.rn. This phone call was to his brother's home phone number, 518-251-5929 and was made 10 set UP an appointment for an interview with Steven to discuss the circumstances Involving this exploslon, Steven at first said he did nol think it was a good idea to talk to the pollc~ anymore. He was told that he was the only person !hat the Stats Pollee and Cause & Origin invesHgatcrs could talk to regafding the appliances and set up of the house. He further stated that he felt that people were going to start blaming him for this explosion because he was the last person in the basement before the explosion. He was asked who these people were and he replied the propane company and others. He was told that the only people looking fOf answers with no bias were the State Police and Cause & Origin investigators, He was told that we have Interviewed the landlord many limes to get his prospective on the house, but we did not want to only rely on what he was saying. He was told that he was the only household member that we 'Could Intervlew to get answers and he then agreed to meet with us on Monday, August 15th at 9:00 a.m, at the SP Greenwich Office. He asked if tie could bring an attomey with him and he was told yes.

6.

Interview of Steven McComsey at SP Greenwich on 08-20-11. St. Inv. Thomas Aiken, Steve Wilbur and Attorney Paul Wein.
Inlerview of Steven M. McComsey 08-20-78

{Copy of diagram is attached}

On 06-18·11 Sr. lnv, Thomas M. Aiken and Washington County fire investigator Stelle Wilbllr Interviewed Steven McComsey at SP Greenwich in the presence of his attorney Paul Weln. Mr. Wein refused to all Sieve McComsey to answer any ejuestlons about his activities or whereabOuts on the day of the sxploelon. He stated that Steve was inlerv.iewed in the pMt and he wanted to see the "transcripts" of these interviews prior 10 allowing him to be questioned further. During Ihis conversation, Steve provided a handwritten diagram showing all three floors of the residence prior to the explosion. He made the following statements: 1, There was a gas line ending in the crawl space with no shutoff or cap on it. He said it was just cut off and it was for the former apartment. 2, There was a gas line that ended in the basement ceiling near and above the well tank with no shut off or cap on the line.

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,~

3. There was a gas line above the washer in the basement that Is there for a gas dryer hook up. He said there was no shut • off or' cap on thls1ine either, • ...NOTE· this gas line was hooked up to the active tank, so if there was no shut off Dr cap, then gas would have been always floWing in to the basement. They had an electric dryer so they did not use this hOOKup. 4, He did not know if tl'lere were any. regulators on the two outside gas tanks. 5. Ke did 1'101 know which tank supplied propane to the house, He clid not know anything about the tanks and did not know if either Wefe nOI being used. 6, There was a gas line in the living room through the floor against the wall near the TV with a shut valve. but no cap. 7. The west tank was on a slab. He did not know if Ihe 1335\ tank was on a slab. 8, He acknowledged that he Was supposed to pey for the propane. but the land lord paid for all of It to date. He slaled he never cheeked the lsvets in the tanks and did not know if there was a sat schedule ror fitling them. 9. He had an electric dryer In the basement that 'hSlY used. It vented out through a window above the foel oil tank. 10. There was a storage area In the basement that he said Tammy had a lot of 'heir stuff In. He had some tools in there. He had his workshop in this room. No furniture in this storage area. 11. He said just prior to the explosion. he went out 10 shut off the tanks and the one lank was open and he shut if all the way off and the other tank he only had to shut a little bit. , 2. He s~aled thst registers for healing were added to the upstairs bedroom, NO work on the furnace. 13, He statad he replaced the switch on the water hOlding tank in the spring of 2011. He said Dave was there watching him and Dave bought the part at the Salem hardware store. 14. He staled that last month, there wasn't enough waler pressure in the upstairs bathroom, so showers Since then were all taken downstairs. He said they did take showers upstairs prior to last month. He said they never celled D311e. the landlord, about this. 15. He stated the electric hot water heater was on and heated the master bathroom only. No problems with It. 16. He stated the only problem with Ihe gas hal water healer was when they ran out of propane and Dave had to re light the pilot light. No other problems with It. He said this water heater was for the kit~hen and upstairs bathroom. 17. He stated that there was an electrical panel for service where a breaker would trip when a lot of appllances were: used at the same time. 1B. He Slated that there were no problems with Ihe washer or dryer, 19. He slated the cooking stove was fairly new. He said you would have to tvrn the oven to 500 degrees to light 11and it would not go down from thera. He Said the top burners stayed on a high flame also. He said he never caned the landlord about this. 20, ~e said the crawl space averaged 3' In height and there was nolhing in there other than that one gas line and water lines, He said he went in thera to run iii TV cable line. aSI a sn In the house nor 0 t e Y I ew u • 22. He said that Glens Falls Heating and Oil provided the IUs 0 or ea. e S 10 they went through $5200 last winter. ~e said it was all paid for by HEAP, Salvation Army and Dlilve except for a few cans of l<erOiene that he purchased at stores like Stewarts. He said Dave bought 100 gallons and Ihat there was 200 gallons in the tank when they moved in, ' 23. He said thete were two healing zones, One rharrncstat in the Mllster Badroom which they kept set to 80 and one in th[;l living room Ihat thsy kept set at 10. He said the master bathroom was always cold in the winter. 24,' . t sa in he was blown 200 feet and landed acron the road in til!,! neighbor's fran d. When told that wilnes§es staled be eodad..lJP nellt to DEln Wilcox in . rill wa near the cars an not ar rom the back door. he stated that hi!! onlv reMIlm99rs b;ing .acmss theload_ . When Steve was asked about hIs relationship to Tammy and if he planned to stay with her, he abruplly left the offiCI! and n~ame baCK, = A copy of Ihe three page diagram drawn by Steven McComsey is attached to this report.

2

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. . .SUPPORTING DEPOSitioN
,. .,

(CPL: § 100.20) ....

FAG~':_OF

. THE PEOPL~ OF THE STATE OF NEW YORK

,-VS.

OEFENOANT(S}

.>, '
,. COURT

. , .LoeA TlON STATE OF NEW YORK

OF INCIDENT:
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