Two Emporium residents were sent to McKean County Jail Friday
night on $100,000 bail each for an August arson that destroyed most
of a block of Kennedy Street in Bradford.
Debra Miczo, 47, and her son, Terry Bornheimer, 19, both of 115
W. 6th St., Emporium, are both charged in the Aug. 10 fire that
began at about 2:20 a.m. at a home Miczo owned at 170 Kennedy St.,
according to court records from the office of on-call District
Judge Bill Todd of Smethport.
The fire spread to homes at 166, 174 and 176 Kennedy St.,
destroying all of them and leaving 11 people homeless.
According to an affidavit of probable cause filed by Kane-based
state police fire marshal Cpl. Martin Henneman, state police spoke
to a witness who said he heard Miczo saying she needed to get rid
of the house, heard Bornheimer volunteer to burn it down if she
drove him to Bradford, waited at the house while the two were gone
and heard Bornheimer describe starting the fire when he
returned.
Henneman explains that on Nov. 8, he and Trooper Greg Agosti
interviewed Benjamin Marsiglio, who told the troopers that he was
at the Miczo residence in Emporium the day before the fire in
Bradford. He said he was on the porch with Miczo, Bornheimer and a
third person when Miczo “stated that she had to get rid of the
house in Bradford because she had lost her Social Security income,
and it would not be restored until the house was gone. Terry
Bornheimer then told Miczo that he would burn the house if she
would drive him to Bradford.”
At about 1 a.m., Miczo and Bornheimer left the residence in her
car, and Marsiglio remained. The two returned at about 4 a.m.,
Marsiglio told police.
“He stated that when they returned, Terry told him that he tried
to start the house on fire by placing clothes on the wood burner
and leaving a trail out the door,” Henneman wrote. “He told
Marsiglio that they wanted to make the fire look like homeless
people were staying in the house and accidentally started the
fire.
“Terry then told him that a Bradford City Police officer had
actually stopped him walking down the street just after he had set
the fire and told him to be careful because there was a bear in the
area,” the affidavit reads.
On Nov. 9, Henneman interviewed Officer Jason Daugherty of the
Bradford City Police, who said he was attempting to videotape a
bear on his vehicle mobile recorder in the area of Jackson Avenue
and Kennedy Street.
“He related that he made several passes around the area. He did
remember stopping and telling a (white male) that there was a bear
nearby and that he should be careful,” Henneman wrote. “He stated
that he had saved the tape of that night due to the fact that he
was in the area shortly before the fire was reported.”
According to the affidavit, Henneman reviewed the tape. In the
video at about 1:35 a.m. the morning of the fire, a car later
identified as Miczo’s can be seen stopped at the intersection of
Kennedy Street and Jackson Avenue, facing west. A white male exited
from the car and walked toward the area where the fires occurred,
the affidavit reads.
During the investigation into the suspected arson, the troopers
had interviewed Miczo, who reported that she was home at the time
of the fire and learned of it from someone else, the affidavit
reads.
Marsiglio had told police that later in the morning the day of
the fire, he went with Bornheimer, Miczo and another person to
Bradford. He said Miczo drove by the scene of the fire several
times before Bradford City Police stopped her and asked her to
speak to the fire marshal, the affidavit reads.
Also during the investigation, Agosti spoke to Cameron County
Children and Youth Services, which had investigated Miczo several
times. A spokesperson there told Agosti that McKean County Domestic
Relations had stopped child support payments to Miczo in July of
2006 “because she had lied about owning the property at 170 Kennedy
St. in Bradford.”
Both Miczo and Bornheimer are charged with arson endangering
persons, first-degree felonies; four counts each of arson
endangering property, second-degree felonies; three counts of
criminal mischief, third-degree felonies; criminal solicitation of
arson, second-degree felonies; and liability for the conduct of
another, second-degree felonies.
Todd arraigned the mother and son Friday night and set bail at
$100,000 each. Preliminary hearings are set for Jan. 10 in front of
District Judge Dom Cercone.
Miczo’s home at 170 Kennedy St. was vacant at the time of the
fire and had no utilities connected at the time. However, the other
three houses were occupied and the residents had to flee to escape
from their homes as the fire spread.
Kane-based state police gave credit to the following agencies in
assisting with the investigation: the Emporium Borough police,
troopers from Kane, Ridgway, Emporium and Clearfield, Bradford City
police and Cameron County Adult Probation.
Police said the investigation will continue.
