The U.S. has one of
the highest fire death rates in the industrialized world: 13.4 deaths
per million persons.
Between 1992 and
2001, an average of 4,266 Americans died and another 24,913 were
injured annually in fires. At least 80% of all fire deaths occur in
residences.
Cooking is the
leading cause of home fires in the U.S. and the leading cause of home
fire injuries. Careless smoking is the leading cause of fire
deaths.
Arson is both the
second-leading cause of residential fires and residential fire
deaths. In commercial properties, arson is the major cause of deaths,
injuries, and dollar loss.
--United States
Fire Administration (www.usfa.fema.gov)
Note: All statistics exclude the terrorist
attacks of September 11, 2001.
As these statistics illustrate,
handling fatalities and injuries at the fire scene is a grim, and
unfortunately far too commonplace, part of the fire investigator's
job. Thorough investigation of the fire scene injuries and fatalities
must be completed for several reasons:
- A body subjected to
fire effects can tell the investigator about the fire (and/or
explosion), as well as about what occurred before, during, and after
the fire. These facts may be crucial to fire origin and cause
determination, as well as responsibility and motive in an incendiary
fire.
- Fire injuries and
deaths can be related to other crimes, including arson, homicide, and
robbery.
- When investigating a
scene, it is not possible to know if, and when, the case may come to
civil and/or criminal trial. It may be years before the fire
investigator is called to testify, therefore it is imperative to
document properly and process evidence properly so the case can be
recalled years later and successfully follow the judicial
process.
- More than other fires,
fatal fires can create substantial media interest and scrutiny of the
investigation by outside parties. The investigative methods and
actions must stand up to this scrutiny.
Fire investigators must know
how to process fatalities properly to preserve their evidentiary
value. Failure to engage in proper practices can compromise
investigative conclusions and the admissibility of evidence at trial.
This article covers the crucial steps fire investigators and fire
first responders must know to properly preserve and collect evidence
associated with fire victims.
Even if a victim is not
deceased at the scene, the fire investigator should apply the
appropriate best practices in this article, such as collection of
clothing and evidence, documentation of injuries, and consultations
with medical personnel. Surviving victims may contain important
evidence and patterns that should be part of the investigator's
analysis. In addition, if proper procedures are followed and a victim
does die after removal for medical attention, there will be
continuity of investigative integrity.
A Strong Start: First
Responder Actions
First responders to the fire
scene (fire service, police, and EMS) have the first contact with
victims either inside the fireground while performing rescue and
suppression or outside when escaped or rescued victims are being
treated. There are simple actions first responders can practice to
preserve evidence from deceased victims or seriously injured
victims.
- Quickly remove all
injured persons who can be assisted, administer medical treatment as
per your training, and transport them to the hospital. According to
Michael M. Baden, M.D. Forensic Pathologist NY State Police and
Former Chief Medical Examiner, City of New York, "The first
responder may need to quickly assess victims. As a general rule, the
fire investigator should treat each injured fire victim as if they
have a critical, life threatening injury
Administration of
oxygen by the first responder may be necessary for anyone having
difficulty breathing due to the inhalation of smoke and carbon
monoxide. Intubation and insertion of an airway may be required for
those who have suffered facial burns or if there is evidence of
rapidly developing airway obstruction due to swelling and edema of
the air passages caused by the inhalation of hot gases. Stabilization
of injured persons should proceed as recommended by the prescribed
Advanced Cardiac Life Support (ACLS) protocol."
- Upon discovering a
victim who is beyond medical aid, minimize fire suppression
activities in the area so that evidence is preserved to the highest
degree possible. Avoid fire suppression techniques, such as
straight-stream, that disturb evidence or alter body positions.
- Treat the body with
respect. The deceased victim is someone's spouse or child or parent
or sibling or friend. Even as you carry out necessary professional
duties, do not lose sight of the dignity of each individual person.
Respect should also be accorded to non-human animal remains.
- Notify the fire
investigator, police, and medical examiner as soon as a body is
discovered.
- Cordon off the area
where a victim's body is.
- Minimize foot traffic
and equipment in proximity to the body.
- Do not remove or move
a victim who is beyond medical assistance. The position and condition
of the body can give the medical examiner and fire investigator
crucial information. Exceptions to the "do not remove the
body" practice may be necessary in cases such as imminent
collapse or very dangerous conditions. Consult command before
disturbing a body.
- Note any injuries to
victims and statements made by victims. Make as many observations
about victims as possible and communicate them to the investigator.
Observation is especially important when victims are removed from the
scene and the original body position may not be able to be
determined. Your information about how the victim was found may be
critical to the investigation.
When first responders take
these steps, the fire investigator can do his/her job more
effectively.
Take A Team
Approach
Fire investigations involving
injures and fatalities require a team approach. When a severe injury
and/or death occurs at a fire, other agencies immediately become
involved, including the police, the district attorney and the medical
examiner's office. The investigator must work with the medical
examiner, coroner, pathologist, toxicologist, evidence technician,
police detective, photographer, EMTs, and medical personnel to
ascertain what happened to the victim and what the victim did at the
scene. Each of these professionals contributes analysis and a piece
of the puzzle. All must work together to construct a complete picture
of the incident.
The fatal fire investigation
team should already know each other from the pre-investigation
organization stage where relationships are established according to
the team approach to fire investigation. Taking this step before the
fire ensures that things will go smoothly during all subsequent
investigations and that all victims will be treated with respect.
Other resources may be necessary according to the case requirements,
such as a forensic anthropologist.
The team should determine how
to divide the investigative duties at this scene to ensure both the
fire origin and cause and fire death investigations are completed.
Set a regular time interval during the day to check in and share
information. Continue this process throughout the scene investigation
and follow-up investigation. Communication is key to linking up all
the facts and occurrences into an accurate picture of the
incident.
Adopt the Right
Attitude
First, fire investigators
should treat deceased victims with respect and be sensitive to the
grief of loved ones who survive. At the same time, it is crucial to
gather evidence around, on, and in the body, as well as the body
itself. A good investigator will strictly preserve the integrity of
the body as physical evidence, but remain sensitive to the family's
feelings. All of the information and recommendations in this article
are given with the utmost respect for the deceased victim.
Second, approach the scene with
an open mind and follow the evidence where it leads. Frame your
investigation of the victim by considering several
questions:
- Who is the victim?
- What was the cause and
manner of death?
- What injuries did the
victim sustain? Was the victim alive and conscious at the time of the
fire? Why did the victim not escape? If the victim did escape,
how?
- What is the victim's
relationship to the fireground? What does the fireground evidence say
about the victim's actions and about cause and origin?
- What, if any, crimes
took place on the victim?
- What is the timeline
of events of the fire and what actions did the victim take in this
timeline?
- What relationship, if
any, did the victim have to cause and origin?
Third, it is crucial to treat
the fatality as a homicide until proven otherwise so that the
strictest standards of preservation and access are maintained. Baden
recommends, "When you encounter a fire death, whether at a
residence, a commercial area or after a transportation vehicle crash
or an explosion, you should approach it as if it were a homicide
until proven otherwise. Due to the severity of the situation you
should always consider collecting debris samples for analysis
regardless of the suspected cause of the fire. The body should not be
moved until it has been fully documented in writing, through diagrams
and photographically, including distant and close-up
views."
Secure the Body and the
Scene
If the body has not already
been secured, the investigator's first job on arrival is to secure
the area and limit foot traffic to only the investigator and medical
examiner unless extenuating circumstances exist. Secure not only the
body, but also secure the clothing, shoes, and personal effects; they
may contain trace evidence such as accelerants, hair, or fiber.
Cordon off the area with yellow caution tape or other physical
barrier, and, if necessary, request law enforcement support to
maintain the perimeter. Log entry into and exit from the restricted
area.
The scene must also be properly secured and
the perimeter guarded. When a death has occurred, loved ones of the
deceased may, in their grief, attempt to gain access to the property.
They must be kept outside the perimeter to ensure the integrity of
the scene. In addition, fire deaths tend to draw the media, community
leaders, and curious onlookersall of whom must be kept outside
the scene. Request additional assistance as necessary to ensure scene
security.
Exercise caution near the body.
Consider bodily fluids biohazardous. Minimize contact with bodily
fluids and follow Universal Precautions. In addition, caution should
be exercised because evidence may be small and difficult to find.
When you move into the search phase, search for evidence carefully,
sifting as required, and handle the evidence with extreme care and
caution due to its fragility. If there is a question about whether
the fatality may have been a homicide, have the body x-rayed for
evidence of shooting, stabbing, or other crime. Clothing can also be
an important source of trace evidence and of evidence relating to
cause of death, so preserve it carefully for laboratory
examination.
At some scenes, it may be
difficult to determine if a badly burned body is human. This can be
especially difficult if the deceased is an infant or a child because
the smaller size can be mistaken for an animal. Unless the remains
can be conclusively identified as animal, the investigator should
proceed on the premise that the body is human until examination
proves otherwise.
Gather Basic
Information
Work with the Incident
Commander and other professionals on scene to gain a basic
understanding of the incident, including time of alarm, response,
fire observations, fire suppression activities, victims, witnesses,
and unusual activity and behavior. Interview the first responding
unit and the first-in firefighter for their observations of the
structure, victims, witnesses, and actions.
Upon arrival, immediately
secure information on any injuries and fatalities and the location of
those victims. Interview surviving victims as soon as possible.
Secure clothing, personal effects, and other items of
evidence.
Make
Notifications
When a death occurs, there are
legal and procedural requirements for notifying police, coroner,
medical examiner, and forensics laboratory. Notification requirements
vary from jurisdiction to jurisdiction, but at minimum any serious
injury or death usually requires notifying the police department and
the medical examiner. It is the fire investigator's responsibility to
know their jurisdiction's requirements and make the notifications
accordingly.
Document the Body:
Photographs
As soon as possible, document
the body and the surrounding area in both detail and wide area
context photographs. In color, photograph:
- The body before it is
disturbed, including all exposed body surfaces. Take detail shots of
any patterns, blast effects and injuries.
- the removal of the
body (after tracing the outline of the body on the floor in chalk,
tape, or string) and any changes in the body during that process. You
may also consider videotaping this process.
- The location where the
body was found after the body has been removed.
- After the body has
been removed to a separate location for examination, photograph any
burns, injuries, and patterns. Take close-ups with a scale indicator
(i.e., ruler) in the photograph.
- Clothing, separately
from the body, front and back, inside and outside.
For victims who have survived
and been removed for treatment, documenation may include:
- photography of the
area where the victim was found
- the statements of
rescuers about where and how the victim was found, and any statements
and injuries
- photography of the
victim's wounds as soon as possible after the injury and preferably
before significant treatment is rendered
Document the Body:
Diagrams
Diagrams of the body and its
position in the room provide context and supplement photos. On the
diagram, record the features of the scene (such as furniture) and the
relative distances between the body and nearby objects. Outline the
body should be outlined on the diagram and. As with all diagrams,
indicate cardinal directions, scale, and units, label all features,
and title the diagram.
Evaluate the
Body
The body is part of the fuel
load and should be evaluated accordingly. The body does provide fuel,
including the clothing, fat in the body, and, to a lesser extent,
skin and muscle and bone. The burn patterns on the body and the
body's condition are part of the evidence of the scene, and must be
examined for indicators of origin and cause and fire development.
This examination is best conducted before the body is removed, so
indicators on it can be interpreted as part of the overall
scene.
When examining the victim's
location, position, and condition, understand that fear and panic can
cause people to do things that seem illogical and unexplainable. In
addition, inhalation of smoke and toxic chemicals can disorient and
impair judgment before a person falls unconscious, and thus the
person may have made decisions that seem strange. As always, consider
the totality of evidence when drawing conclusions.
Interview Witnesses and
Surviving Victims
In a fatal fire, witness
interviewing becomes even more important, especially if you have
reason to believe that the death may have been the result of
homicide. Witnesses help the investigator understand the decedent(s),
their activities, and their relationships with others. Key witnesses
at the fire scene include the person or persons who discovered the
fire and/or the victim, the last person or persons known to be in the
area of origin, and the last person or persons who saw the victim
alive. First, take complete contact information to ensure you can
interview the person at a later time, if necessary. Then, interview
the person using established techniques. Ask questions
about:
- the fire
- the location
- the victim, including
their habits and relationships (business and personal)
- what the interviewee
saw before, during, and after the fire
- the interviewee's
relationship to the structure and the victim
- observations of the
incident, circumstances of discovery, actions taken at the scene, and
conversations with others
A building and neighborhood
canvass will often help turn up witnesses who may not know about the
fire, but may know something critical about the person or persons on
the property.
This interviewing process may
go on throughout the investigation, especially if injured victims
have been removed from the scene and must be interviewed at the
hospital. Time may elapse if the victim is severely injured and
unable to speak until recovered.
Determine Chain of Events
Leading Up to Death
The chain of events that lead
to death may provide information to the investigator about the cause
and origin of the fire. The investigator should work with the medical
examiner to determine the victim's actions before, during, and after
the fire up until the time of death, and anything that may have
happened to the body after death. The investigator can interpret many
factors involving the body, including:
- Location of the body
(Where was the victim found? Would that location be expected given
the occupancy of the structure? If not, how did the victim get there
and why? What is the location of the victim with respect to the fire
origin? What does the location say about what the victim was doing at
the time of death? Note any obstacles that may have blocked the
victim's escape and whether they were naturally occurring, or
possible purposely placed.)
- Position of the body
(In what position was the body found? Would this position be
expected? What does the position say about what the victim was doing
at the time of death?)
- Clothing on the body
(How was the victim dressed? Is the victim's clothing consistent with
the time of day and year? Does the damage to clothing match the
damage to the body?)
- Burn patterns on the
clothing and on the body (What do the burn patterns say about the
victim's actions? About their interaction with the fire? About the
fire dynamics? Do burn patterns on body and clothing match?)
- Items found with and
around the body (What is found on the victim's person? Nearby?
Elsewhere in the structure? What do these items say about victim
actions? About the fire origin and cause?)
- Other injuries to the
body (Was the body injured pre-fire? If so, what injuries and how
might they have happened? Was any crime committed on the body prior
to the fire?)
The investigator and medical
examiner should work together to determine the relationship between
the body and the fire. Most fire fatalities are caused by
asphyxiation (usually from inhaled carbon monoxide bonding with
hemoglobin and starving the body of oxygen); the fire then destroys
the body. Other common fire causes of death are pulmonary edema and
strangulation (spasm of epiglottis caused by inhalation of
super-heated gases). But, just because a charred body is found at a
fire scene does not mean that the fire caused the death. For example,
the victim could have been killed prior to the fire and the fire set
to cover the homicide. Careful examination of the body and the scene
will determine how death occurred and what relationship the victim
had to the fire.
The medical examiner can also
assist the investigator in understanding the changes that take place
in the body after death, including lividity, and what the presence of
certain conditions says about the timeline of events leading up to
the fire. The medical examiner can also use indicators like lividity
and rigor mortis to establish a time of death. For example, if
a body laying face-down at the fire scene shows lividity on the
posterior of the body, it may indicate that the body was moved after
death but prior to the fire. Lividity occurs at the lowest portion of
the body and becomes fixed after 6-9 hours. If the person was found
face-down, it would be expected that lividity would be on the front
of the body (the lowest part). Lividity at the upper portion may mean
the body laid on its back for a period of time, long enough for
lividity to become fixed, and then was moved.
The scene may contain many
other important items and conditions besides the body. Physical
evidence such as burn patterns, trace evidence, or serological
evidence may be present on clothing, furniture, walls, ceilings,
floors and other items. These items may also provide clues to the
actions of victims and others before, during, and after the fire. The
investigator should examine all these items, including their
condition, orientation, and function and add the observations to
his/her timeline of the incident and analysis of what
happened.
Identify the
Victim
The victim's identification is
key to understanding what happened at the scene. In addition, the
victim's identity bears on motive and opportunity in an incendiary
fire. If a homicide has been committed, identification is necessary
for prosecution. Dr. Baden recognizes the importance of a quick
identification, "Rapid identification of a burn victim is very
important in furthering the investigation. Such identification should
be confirmed by fingerprints, by comparison of the teeth at autopsy
with pre-mortem dental records or by comparison of any available
pre-mortem X-rays with post-mortem X-rays. There are 206 bones in the
human body and each is unique for a given individual and may provide
the basis for a positive identification if X-rays taken during life
are available."
Identification done at the
scene should be confirmed at autopsy. Some identifications may not be
able to be done until autopsy because of the condition of the body.
As Dr. Baden indicates, identification of the victim can be done in
several ways:
- Visual observation is
often difficult because of the condition of the body and because fire
and heat can distort the visual appearance of skin and hair. Visual
identification should be confirmed by other means.
- Clothing and personal
effects can assist with a preliminary identification. However, since
these items can be moved from one person to the other, they cannot be
relied upon as the sole means of identification.
- Identifying markings
such as tattoos, birthmarks, or previous injuries.
- Fingerprints are a
nearly certain means of identification and can be used if previous
fingerprints are available for comparison.
- Dental x-rays. Teeth
are often protected from fire by the head and can be x-rayed for
comparison to existing dental records.
- X-rays of the body can
be compared to previous x-rays, if available, and prosthetics and
implants may be able to be identified. X-rays are also necessary to
determine if the body sustained injuries such as gunshot or knife
wounds, which may signal a fire set to cover up a homicide. X-rays
are a good method to identify bodies too damaged for other means of
identification.
- DNA or serological
typing can be done if previous tests or family members are available
for comparison.
After the victim's identity is
established, the investigator should determine everything possible
about the victim, including:
- Full legal name
- Aliases
- Address (if different
than location of the fire, why was the victim there and what were
they doing there?)
- Date of birth
- Sex
- Age
- Race
- Marital Status
- Physical condition
- Mental status
- Medical condition,
including addictions
- Immediate and close
family members
- Employer(s)
- Business relationships
- Personal relationships
- Problems and conflicts
with others
The investigator should
interview persons related to the victim and ask questions as
appropriate to the investigation.
Recover the Body and
Evidence Related to the Body
After in situ
documentation is complete and the medical examiner, fire
investigator, and homicide investigator (if appropriate) have
concluded their on-scene observation of the body, it may be removed.
Do not remove the body until you are certain that the portion of the
investigation involving the body at the scene is completed. Once you
move the body, it cannot be replaced as it was originally found. Know
and follow the local policy in your jurisdiction about whether the
medical examiner or coroner must be present when the body is
removed.
There may be situations when
the body must be moved before examination in situ is complete,
including falling debris hazard or threat of collapse. Consult with
professionals, including the medical examiner's office, to determine
if it is better to move the body to avert further destruction and/or
danger to investigating personnel.
Be aware that bodies pose
health risks, include blood-borne pathogens. Observe Universal
Precautions when handling evidence that may have bodily fluids on it.
Coordinate with any specialists like the medical examiner or
forensics technician in the processing of the body for evidence.
Direct the photographing, diagramming, collection of clothes, and
collection of other evidence. Collect all evidence according to
established protocols for that type of item. See Appendix A for
information on how to collect items containing bodily fluids.
Remember that blood-soaked items must be dried before packaging. This
can be done on butcher paper at the scene.
Exercise caution when removing
the body because fire can render the body brittle. Dr. Baden
recommends, "After the body has been documented, care must be
taken when moving the body so as not to disturb or lose any trace
evidence that may be on the clothing, hair or skin, this is
especially important when an explosion may have occurred. This can
best be accomplished by transporting the body, wrapped in a clean
white sheet, if possible, in the position found." Take care to
ensure that any items that fall off of or out of the body are
collected. When the body is removed, all debris on the body or nearby
the body should also be collected and preserved for testing (trace,
accelerant, toolmarks, etc.). Include items found under the
body.
Photograph the removal of the
body and the location where the body was discovered (after body has
been removed). If there is an outline of the victim (i.e., victim's
body caused a protected area), photograph that as well.
If victims have been removed
for treatment, their clothing should be recovered by the investigator
as soon as possible. Medical personnel will likely have removed this
clothing to treat the victim and should save it for the investigator.
Clothing should be collected and preserved according to established
standards.
Search the Area
Prior to executing any search,
ensure that the proper legal foundation for the search has been laid.
This legal foundation can be exigent circumstance, written or verbal
consent, or criminal or administrative search warrant. The legal
foundation for search should be properly documented.
After the body has been
removed, the fire investigator and law enforcement should work
together to search the immediate area using an accepted method, such
as grid search. The search should include sifting of debris through
screens. Pay special attention to the layering of debris, especially
the relationship of burned and unburned layers. What does this
suggest to you about the sequence of events?
The body itself is not the only
possible location for evidence. Evidence may be located in other
parts of the room or of the structure, or even outside the structure.
All of these areas must be systematically searched according to an
accepted search method such as grid or line. The specifics of how to
conduct grid and line searches are beyond the scope of this article,
but may be reviewed in interFIRE.org, Post-Blast VRT,
or many of the resources in the bibliography of this
article.
Conduct a thorough inspection
of the structure to determine if there were code violations, illegal
uses, prior violations, criminal activities, or other circumstances
that may inform the investigation. Coordination with local inspectors
and police may be needed to make this assessment.
Perform Autopsy and
Determine Cause and Manner of Death
A qualified medical examiner
should perform an autopsy on all fire fatalities. Autopsy is the only
means to conclusively establish the cause of death. The autopsy must
take place before embalming. Embalming destroys the capacity to
perform numerous tests of investigative value.
The investigator should be
present at the autopsy to consult with the medical examiner, answer
questions, assist in interpretations, and collect any evidence that
may be found. Dr. Baden echoes this recommendation, "We strongly
recommend that you or a member of your investigative team attend the
autopsy to exchange information with the medical examiner. Additional
advantages to attending such procedures are that you can immediately
take any additional evidence into custody that might be retrieved,
and you will not have to wait to receive the official report to learn
of the results of the autopsy." The fire investigator can advise
the medical examiner on fire effects and fire conditions so the
medical examiner can better interpret the remains.
The postmortem examination will
establish:
- the identity of the
victim
- cause of death
(mechanism which brought about death), including immediate cause of
death and any contributing or secondary causes
- manner of death (the
circumstances in which the cause of death occurred)
- time of death
- description of wounds
and injuries and how they were caused
The fire investigator should
request that the following examinations be part of the
autopsy:
- Blood tests for COHb
percent saturation (the measurement of the amount of carbon monoxide
in the body), HCN concentration, blood alcohol level, presence and
concentration of drugs, and poisons (when indicated)
- Internal tissue tests
for drugs, poisons, and volatile hydrocarbons
- External tissue burn
patterns (including determination of antemortem and postmortem
woundsSee NFPA 921 for a discussion of the characteristics of
antemortem vs. postmortem burns)
- External tissue near
burns tested for vital chemical or cellular response to burns
- Stomach contents,
including presence or absence of soot in the respiratory and
digestive tract
- Airways examination
for edema, scorching or dehydration, and soot. Soot in the throat and
lungs is a strong indicator that the victim was alive at the time of
the fire
- Internal body temperature
- X-rays, both for
identification purposes and to examine for penetrations (especially
important in situations of explosions) and injuries
- Assessment of degree
of burns (first, second, third, and/or fourth) and estimate of the
percent of body area burned
- Mechanism of burn
injury (thermal or chemical; radiant, conducted, or convected)
- Trace evidence and burn pattern testing of
the body, clothing, and personal effects
- Ignitable liquid
testing as appropriate on the body, clothing, and/or effects and
items found with the body
- Examination of
clothing for suitableness of attire (i.e., was the victim clothed
normally for that time of day and year), interpretation of burns and
damage, and indications of what the victim was doing at the time of
the fire
- Determination of sex,
age, race, weight, height, and identity
Fire has effects on the body
that should be taken into account when interpreting the remains. For
example, fire causes skin to shrink and the shrinking skin may split,
which can be mistaken for blunt trauma injuries. In another example,
fire causes the muscles to contract, flexing the joints of the body.
This can create the "pugilistic pose," which has been
mistaken for a defensive posture of a victim being attacked, when in
fact it was caused by a fire effect. Taking this effect further,
severe flexion of joints from thermal effects can fracture bones,
which have been mistaken for pre-fire injuries. Similarly, skulls do
crack, often along the suture lines, as a result of the swelling of
brain tissue or expansion of gases inside the skull as the body
heats. Possible explanations like these should be taken into account
when the body is evaluated. For a detailed discussion of interpreting
fire effects in the pathological examination, consult the Kirk's
Fire Investigation chapter on Fire-Related Deaths and Injuries.
In addition, an extensive discussion of the effects of combustion on
a body and of postmortem changes in the body can be found in NFPA
921.
Figure 1
Sample Medical Examiner's Diagram of Injuries
on an Explosion Victim. Click the image for a larger
version. |
The investigator should also request the
documentation of the body as follows:
- Photographs of the
body clothed and unclothed, both sides, including closeups of burns
and injuries, taken as soon as possible after the injury
- Diagram of burns and
injuries on the body, including indicators of the location,
distribution, and degree (see Figure 1 for an example)
- Documentation of any
major physical trauma, such as gunshots, fractures, knife wounds, and
sexual assault. Evidence should be collected according to established
professional guidelines.
Determination of cause of death
should be done by the medical examiner or other qualified
professional, and may not be able to be determined until autopsy.
Studies have shown that more than three-fourths of fire victims die
from carbon monoxide poisoning (NFPA 921: 2001 Edition,
section 20.5.1), and typically die somewhere other than the room of
origin. Other causes of death due to fire effects include:
- Hyperthermia (exposure
to a hot environment raises body temperature to a fatal level, about
109ºF for a few minutes). Hyperthermia may or may not be
accompanied by burns, depending on how hot the ambient temperature
was.
- Inhalation of hot
gases, which can cause strangulation when the epiglottis
spasms.
- Poisoning from toxic
gases.
- Inhalation of soot and
smoke (can act in a number of ways, including blocking airways and
causing asphyxiation, or chemical edema, or thermal injuries leading
to edema).
- Hypoxia (when
breathing in a reduced oxygen atmosphere, which is caused as
combustion uses the available oxygen, the body gradually decreases
its respiration until unconsciousness results).
Often, one central question the
investigator is interested in answering is whether or not the victim
was alive or dead when the fire started. Baden describes how this can
be determined, "Whether the decedent was alive or dead when the
fire started is ascertained by determining if the decedent was
breathing when exposed to the fire environment. If a person is alive
and breathing after a fire starts, that person must inhale the
products of combustion of the fire, in particular, soot and carbon
monoxide. Such evaluation requires that autopsies be done on all
burned bodies. Soot in the trachea, bronchi and other air passages,
and carbon monoxide in the blood demonstrates that the decedent was
alive when the fire started. The inhaled carbon monoxide attaches to
iron in the red blood cells, causing the blood to become bright
cherry-pink and to turn the normally blue-maroon lividity that
develops after death as the blood settles to a cherry-pink.
Toxicologic studies are necessary to confirm the presence and amount
of carbon monoxide."
When the autopsy is complete,
the medical examiner will issue a report and provide diagrams and
other documentation. Click here for a
sample autopsy report, conducted on a fictional explosion victim, to
see a typical report format and content. The medical examiner may
also issue a death investigation report, summarizing their activities
and observations at the scene. Click
here to see a sample death investigation report, conducted on a
fictional explosion victim, to see a typical report format and
content.
The body should not be released
for burial or cremation until all testing and examination is
complete. Once the body is buried, it cannot be exhumed without a
legal process, which can be lengthy. In addition, once the body
begins to decompose, some tests become difficult, or impossible, to
do. Obviously, if the body is being cremated, once that procedure is
completed, there will be no more chances to examine the
body.
Assess Evidence of
Surviving Victims
If the victim has survived,
their body can still yield information of investigatory value,
including burn patterns, injuries, and explosion pieces. This
information can further the investigator's understanding of the
incident. If possible, investigators should be present in the
hospital emergency room and surgery suite where they can directly
document and collect evidence as it is observed on or removed from
the body. When communicating with medical personnel, the investigator
should:
- Contact the hospital
and identify themselves, inform the supervisor or the hospital's law
enforcement liaison of the need to preserve evidence, and arrange to
meet the victim or accompany the body through surgery and any medical
treatment, if possible
- Interview medical
staff who treated the patient and ask them what the victim said, what
family members or others with the victim said, what the injuries
were, what they observed about the damage to the victim, what items
were removed or recovered from the victim and where they were
located. Medical personnel should also be asked to describe injuries,
anything unusual or extraordinary, and evidence of previous
injuries.
The investigator should ensure
he/she properly accesses medical information and records as per
appropriate legal methods. Many tests germane to fire-related
injuries are part of a routine examination when a fire patient arrives
at the hospital, including:
- Percentage of COHb
- HCN concentration
- Blood alcohol, drugs,
and blood pH
The sooner the blood sample is
taken, the more helpful the results to the investigator because
percentage concentrations of substances will have naturally degraded
less.
The investigator should
interview the medical personnel who treated the victim to
determine:
- Condition of the
victim's airways, including presence of soot, thermal damage, and
edema
- Burns and burn patterns
- Explosion-related
injuries
- Other injuries not
caused by the fire
- Statements made by the
victim
- Physician's assessment
of what the injuries say about the victim's activities before,
during, and after the time of the fire
The victim's clothing and
personal effects should also be collected as evidence. As discussed
previously in this article, surviving victims should be interviewed
as soon as their condition allows.
Follow-Up
Investigation
After the scene has been
released, the fire investigator should continue on with the normal
follow-up investigation process, as indicated by the origin and cause
determination. A complete discussion of the follow-up investigation
is beyond the scope of this article, and can be fully understood by
reading the interFIRE VR Tutorial section on the Follow-Up and
Insurance Investigations. In the case of fatalities, the follow up
investigation should include:
- Remaining interviews
of victims and witnesses, especially those too injured to be
interviewed at the time of the on-scene investigation
- Attendance at the autopsy
- Review of the autopsy
results and medical examiner's conclusions
- Review of lab results
from tests on physical evidence
- Review of any document
evidence, such as insurance and financial records, as warranted by
the investigation
- Review of incident
reports from the fire department and police department
- Follow-up meetings
with the police investigator if a crime is part of the case
- Coordination with the
insurance investigator, if an insurance claim is part of the
case
A Note on
Explosions
If an explosive event took
place in addition to the fire, whether accidental (as in a propane
tank explosion) or intentional (as in a pipe bomb), evidence may be
embedded in the tissue of the victim. Explosion victims should be
x-rayed for shrapnel evidence, and may need to be autopsied or
operated on with an explosives expert present who can identify items
removed from the body as potential evidence.
Fragments from an explosive
event should be collected by a trained and qualified person. If this
person is not the investigator, the investigator should be present at
the collection, if possible, and/or take custody of the evidence
after recovery. Remember: blood-soaked fragments may contain
blood-borne pathogens. Record the location of each piece of debris.
After any blood evidence is collected from them, these fragments may
be lightly rinsed in slowly running distilled water to cut down on
blood-borne pathogens from dried blood and tissue attached to the
fragment. Any rinsing of large accumulations of blood and tissue
should be done very carefully so accelerant or explosive residue is
not lost. Only items with large accumulations of blood and tissue
should be rinsed. Allow to air-dry before packaging. Final packaging
can be in plastic or glass containers, plastic or paper bags, or
boxes. Mark evidence with a biohazard label before sending to
lab.
If an explosion was also part
of a fire incident, the victim may have explosion-related injuries.
The characteristics of explosion injuries can provide information on
the actions of the victim, the location and characteristics of the
item that exploded, and assist in reconstruction of the incident.
Explosion-related injuries are classified into four
categories:
- Blast pressure
injuries where the concussion of the blast causes internal
injuries.
- Shrapnel injuries
where fragments penetrate the body or cause blunt trauma.
- Thermal injuries where
the brief explosion flash causes burns.
- Seismic effect
injuries are caused when the blast damages the building and it
collapses, causing injuries.
The medical examiner and the
investigator should work together to interpret the damage to the body
and the chain of events of the explosives incident.
Reporting
Covering how to write a good
report is beyond the scope of this article. Refer to the interfire
VR Resource File articles Writing the Fire Investigation
Report and Arson Investigation Basics: Reports and
Documentation for
more information. Make sure your report fully details the
investigation into the death, the relationship of the fire and the
death, and any pertinent information on the victim that has bearing
on origin, cause, and/or responsibility. Include victim photographs
and diagrams as part of your report.
All fire fatalities should be
reported to state and federal entities using the proper NFIRS form.
For more information on NFIRS, visit www.nfirs.fema.gov.
References
Baden, Michael M., M.D.
"Handling Injuries and Fatalities." interFIRE VR
tutorial. 1999.
DeHaan, John D. Kirk's Fire
Investigation. Fourth Edition. 1997.
Fire/Arson Investigation
Course Instructor's Guide. 2nd Edition (2000). USFA.
FEMA. Unit 9 (Injury and Fatal Fire Investigation).
interFIRE VR tutorials
"Handling Injuries and Fatalities" and "Evidence
Collection: Bodily Fluids," including "Recovery of Evidence
from Victims" (abstracted from a document contributed by Dr.
John D. DeHaan, Forensic Scientist, California Dept. of Justice,
Criminalistics Institute). 1999.
NFPA 921 Guide for Fire and
Explosion Investigations 2001 Edition. NFPA.
Post-Blast VRT tutorial
on fatalities and "John Anderson" Scenario fatality
information. ATF. 2002.
United States Fire
Administration Fire Fact Sheets
Appendix A
Evidence Collection: Body
Fluids (from interFIRE VR)
Blood and other body fluids can
be examined for species, race, sex, type, DNA, and other
characteristics. Comparison of questioned to known is also possible.
The following guidelines for the collection and preservation of
questioned blood, body fluids and tissues are included here as a
general reference; the investigator should get precise instructions
on handling serological evidence from a certified crime scene
technician or from the serology section of their jurisdictions
forensic laboratory or the ATF or FBI National
Laboratories.
Collection
1. Document any body fluid
patterns, spatters, stains, pools, drops, and the like with close-up
scaled photographs and medium distance context-establishing
shots.
2. Any item or material bearing
suspected blood, semen, saliva, other body fluid stains or tissues
must be allowed to air-dry at room temperature prior to packaging;
exposure to direct sunlight and/or heat should be avoided. Failure to
ensure complete drying of such samples may result in their
putrefaction and loss.
3. Use cleaned tweezers or
other tool to remove the body fluid-stained item. Package each item
individually in an air-permeable but otherwise securely closed
container such as a paper bag. Fragile substrates such as glass
should be carefully wrapped in paper and securely packages to avoid
(further) breakage.
4. Label and seal the container
properly, including your name, date, description, and exhibit number.
Consult your jurisdictions forensic laboratory or a certified
national laboratory for instruction on refrigeration of
samples.
5. If the stain is on a
substrate which is too large to submit intact, either cut away the
section of the surface bearing the stain, or dismantle the object to
recover and submit the stained portion. Collect according to steps 2
through 4.
Sufficiently copious
bloodstains on an immovable substrate may be scraped off with a clean
knife or razor blade and collected into glassine or clean white
paper, folded pharmacy-style to prevent leakage, and placed into a
paper envelope. Do not collect scrapings directly into envelopes. If
you are collecting multiple samples, each must be collected with a
clean tool. Label the container(s) according to step 4. Retain and
package the tools used to collect the scrapings.
6. If the stain is encrusted on
the surface of soil or sand, remove the crusts and place into
separate paper pillboxes; then collect the bulk stained matrix in
paper ice cream-type containers.
If moist blood is available for
collection, such as from a pool on a tile floor, use a clean dropper
to collect as much as possible (up to 10 cc) into a glass vial. Add
an equal volume of isotonic saline solution (0.9% sodium chloride) to
the vial. Seal and label the vial as described above. Or, you may
soak up the moist blood with a new, sterile gauze pad, air dry the
gauze pad, then collect the gauze pad as described above in steps
2-4. Biohazardous material should be marked as such before it is sent
to the lab.
For instructions regarding the
collection and submission of known blood, saliva, or tissue samples
for comparison in a specific case, please telephone the ATF
laboratory or your local laboratory. Depending upon the type of
evidence involved, the analyses to be undertaken (traditional
serology or DNA), and the particular laboratory to which the evidence
will be referred, known sample collection and preservation
requirements may vary.
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