Buffalo Fire Commissioner William Renaldo said the fire that destroyed the Old Pink bar in Allentown in June was an arson.
The man charged with setting the Old Pink bar on fire in June is expected to soon enter a third phase of his substance abuse and mental health treatment that could lead to more freedoms at a different facility.
John W. Burns, 40, has been in an inpatient treatment facility since his last federal court appearance in September.
Magistrate Judge H. Kenneth Schroeder on Thursday continued Burns' release under conditions that include "the most restrictive control" that the next facility can impose on Burns.
Assistant U.S. Attorney Richard Antoine, however, said he worries Burns would still be able to "come and go as he pleases" at the next facility with nobody stopping him from setting a fire somewhere.
Antoine asked Schroeder to stay his release order to give the U.S. Attorney's Office time to review the conditions and consider an appeal.
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Schroeder denied the request.
"He's in a program now," the judge said. "He's going to return to that. Why interfere with that?"
A probation report indicated Burns has made progress in his treatment.
"That interruption could be a setback to the progress he's made," Schroeder said of the prosecutor's request for a stay.
"Right now, it appears to me he's on the path to being a productive citizen," the judge said, calling that better than having Burns sit in a jail cell without mental health treatment.
Antoine said he wanted a stay to take effect if and when Burns gets released to a different residential program with less restrictive rules.
A counselor at the inpatient facility where Burns is now being treated said in court "there is some freedom of movement" in the next phases of his treatment. The counselor said Burns has made "good progress" in treatment so far. Burns wore street clothes and was accompanied by the counselor - not U.S. marshals - at his arraignment.
Antoine asked in court whether Burns could leave the next rehab location unescorted.
His question went unanswered.
As for the "most restrictive" conditions available at the next location, "we would like to have some understanding of what that means," Antoine told the judge.
Schroeder's ruling came at Burns' arraignment, during which Assistant Federal Public Defender Erin Ryan pleaded not guilty on his behalf to arson charges.
A federal grand jury last month indicted Burns of arson for allegedly setting fire on June 17 to the Old Pink bar at 223 Allen St.
The grand jury also indicted him on attempted arson of a vehicle. On Aug. 13, Burns allegedly attempted to damage and destroy by fire a 2012 white Jeep Grand Cherokee.
Patrick Lakamp can be reached at [email protected]
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