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Hershey
Aug. 3, 1986-
Sept. 27, 2001
New York state Office of Fire Prevention and Control
Investigator Richard P Rogozinski
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THE PASSING OF K-9 HERSHEY
It is with deep regret that the New York state Office
of Fire Prevention and Control (OFPC) reports the passing of K-9
Hershey, one of the original two K-9 accelerant detection bio-sensor units
utilized by OFPC's Arson Bureau.
The OFPC's Arson bureau implemented a K-9 accelerant
detection unit in 1988 as part of its program for providing fire investigation
assistance to local fire departments, law enforcement and arson task forces.
At that time, K-9 Hershey, a chocolate Labrador retriever and K-9 Buddy,
a yellow Labrador retriever, (deceased Oct. 98) along with their human
partners, Investigator Richard P Rogozinski and Michael E Knowlton (respectively)
attended and completed an intense 10-week training school conducted by
the Atlantic City, New Jersey Police Department. The K-9 teams were trained
to detect minute traces as well as large quantities of ignitible
liquid residue (gasoline, kerosine, etc.) used by arsonist to imitate and/or
intensify a fire.
K-9 Hershey worked for the state Arson Bureau
for 10 1/4 years retiring from active service in October 1998. During
K-9 Hershey's career, he assisted in 302 statewide cases and assisted
with cases in Vermont and Massachusetts. Two hundred and twenty-six
(226) of those cases were arson jobs, which claimed 164 lives and resulted
in more than 125 million dollars in direct fire losses.
One of those set fires, the Happy land social
Club fire (March 1990), resulted in New York's largest arson homicides.
A total of 87 people lost their lives. The perpetrator, Julio Gonzales,
had argued with his former girlfriend and vowed revenge after being evicted
from the bar. Less than one gallon of gasoline and revenge is all it took
to destroy 87 lives and cause injury to 38 firefighters.
K-9 Hershey and Investigator Rogozinski
were flown from Albany to New York City in a NYS Police helicopter to assist
in the investigation. Within three hours of the request, Hershey was searching
the building for ignitable vapor residues. K-9 Hershey detected accelerant
residues in the hallway of the building's only usable exit. K-9 Hershey
confirmed the NYC Fire Marshals' area of origin and suspicions on the use
of an accelerant.
The arsonist received the maximum sentence of
25 years to life imprisonment. He was convicted on 174 counts of murder
2nd, two for each death; he was also sentenced to 25 to life for
an arson 1st conviction and five to 15 years on an assault charge.
K-9 Hershey and Investigator Rogozinski received
several citations from the United States Police Canine Association including
the Detector Dog Case of the Quarter in 1990. This national award
is bestowed to K-9 teams in recognition of outstanding performance in the
detection and prevention of crime. In this case, K-9 Hershey detected accelerant
residues at a triple fatal fire in Felts Mill, Jefferson County, NY. Terry
Carr, a 40 year male, brutally murdered his two stepchildren and his wife
in their bedrooms, then poured a flammable mixture on them and throughout
the rest of the house. He then ignited the accelerant.
Hershey searched the crime scene and gave seven
positive indications for the presence of an accelerant. With Hershey's
assistance, Carr was arrested by the Jefferson County Sheriff's Office,
indicted and convicted of arson and murder charges and now is serving
a 45 year to life sentence.
K-9 Hershey/Investigator Rogozinski was the first
accelerant detection team to obtain an arson conviction in New York State.
Hershey/Rogozinski amassed a perfect conviction record in New York
State criminal court, never losing a case.
All of the cases involved the use of accelerants
and positive indications from K-9 Hershey, but in only two (2) cases were
positive forensic laboratory results obtained. Three (3) of their cases
were appealed by defense attorneys on the use of dogs to detect accelerants.
However, in each case the decision by the lower courts was subsequently
upheld by New York State Appellate Court. These appellate decisions,
along with the rest of their testimony have been used as case law
by other K-9 accelerant detection teams in New York, as well as teams
in the rest of the country, to facilitate them in qualifying in court as
expert witnesses in the field of accelerant detection.
K-9 Hershey/ Inv. Rogozinski also testified
in numerous civil litigations in both New York State Supreme Court and
in federal court.
K-9 Hershey was born in Hamilton Township,
Ocean Count, New Jersey, on Aug. 3, 1986. He lived there for a year and
a half before being donated to the Atlantic City Police Department.
After being teamed with Inv. Rogozinski on the Friday before Mother's Day
in 1988, Hershey has lived with Rick and his wife, Laura, and
Nick, their 30-pound house cat, in the Town of Bethlehem, Albany County.
K-9 Hershey passed away on Sept. 27, 2001.
Through private donations, a memorial stone honoring
all of OFPC's K-9s has been erected at the NYS Academy of Fire
Science in Montour Falls, Schuyler County. Tax-deductible memorial
contributions in honor of Hershey to this K-9 memorial may
be forwarded to the NYS Faculty Student Association, 600 College Avenue,
Montour Falls, NY, 14865-9634. Please make your check or money order out
to The NYS Faculty Student Association with a memo note, K-9 Memorial Fund.
The money will be used for individual K-9 name stones as well as
for perpetual care of the memorial.
Hershey, my brown barking friend,
When my mortal life comes to an end
We will be partners once again,
This time forever.
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