Arson charges bound over
Published: June 10, 2009
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Arson charges leveled against a Susquehanna County business owner were bound over to the Court of Common Pleas for trial by Magisterial District Judge Peter Janicelli following a preliminary hearing Friday, June 5.
Valerio Amato, 31, Susquehanna, faces two counts of arson and related offenses, recklessly endangering another person and insurance fraud in connection to the Dec. 8, 2008 fire that destroyed Amato’s Pizza, 54 Main St., in Lanesboro.
Amato remains free on $75,000 unsecured bail. He was arrested on March 18.
Amato is represented by attorneys Philip Gelso and Frank Nocito.
Amato is represented by attorneys Philip Gelso and Frank Nocito.
Amato was renting the business space and one of the two apartments in the building from Robert Mireider.
Mireider, 74, Lanesboro, took the stand for the prosecution.
He said he was at home when the blaze broke out after noon on Dec. 8 and called 9-1-1 to report the fire.
Mireider, who lives in a home behind the business, said he had witnessed Amato enter the building at about 11:45 a.m. and then leave at about noon.
Shortly after Amato’s departure, Mireider said he saw flames coming from the back of the building. He waited at the scene until fire personnel arrived.
“I saw flames – red flames coming out of the roof vent,” said Mireider when questioned by defense attorneys.
Pennsylvania State Police Fire Marshal Stephen Kaneski also took the stand. Kaneski was admitted to the court as an expert witness.
Pennsylvania State Police Fire Marshal Stephen Kaneski also took the stand. Kaneski was admitted to the court as an expert witness.
Kaneski said he was called to investigate the fire by Susquehanna Volunteer Fire Company Chief Gene Perry.
He conducted his initial investigation on Dec. 9 but was unable to fully investigate the area he believed the fire originated from at that time because the roof of the building had collapsed onto the kitchen area.
He conducted his initial investigation on Dec. 9 but was unable to fully investigate the area he believed the fire originated from at that time because the roof of the building had collapsed onto the kitchen area.
Kaneski told the court he was able to see upon initial investigation that two oven burner doors were open.
Kaneski said he was again on the scene about 10 days later when an excavator was used to clear debris. He said the excavator operator was instructed to “delicately” remove the roof and the back wall so as not to disturb the area he believed was the origin of the fire.
Once cleared, Kaneski said he was able to determine the fire originated in front of the pizza ovens.
“Nothing we could find appeared accidental,” said the fire marshal. He told the court he found a large pile of ashy material, probably an incendiary paper material, in front of the ovens.
Following the on-scene investigation, Kaneski said he conducted further interviews with Amato and other witnesses.
Amato’s attorneys asked the fire marshal if the building had been secured following the fire and prior to the excavation of the debris.
According to testimony, the building was only secured by police tape.
The defense presented no witness at the preliminary hearing but argued the prosecution did not meet its burden of proof on the charges.
