Man admits setting fire to his former business

Published: Sunday, March 28, 2010
By CARL HESSLER Jr.
For The Times Herald

COURTHOUSE ? The one-time owner of an Upper Providence furniture business has admitted to reckless burning, and injuring himself in the process, in connection with a fire that destroyed the business.

Said Mahmoud Afifi, 52, who listed addresses on Old State Road in Upper Providence and in Bayonne, N.J., pleaded guilty in Montgomery County Court to charges of reckless burning or exploding and giving false reports to law enforcement authorities in connection with the August 2006 incident. The open plea means Afifi has no deals with prosecutors regarding his potential punishment.

Judge William R. Carpenter deferred sentencing so that court officials can complete a background investigative report about Afifi. The judge will use that report to assist him in sentencing Afifi later this year.

Assistant District Attorney Anthony Gil vowed to seek a jail sentence against Afifi.

?He caused a fire to be started that put that property and a gym next door in danger of being destroyed,? Gil alleged, adding that in addition to the property damage, Afifi suffered third-degree burns to his body. ?Had the defendant not been involved in this crime, he would not have received the type of injuries he did.?

Afifi, who remains free on bail pending sentencing, faces a possible maximum sentence of 3 and a half to seven years in prison on the charges. State sentencing guidelines also would allow for a minimum sentence of between probation and nine months in jail.

?To say he is remorseful would be an understatement,? said defense lawyer Basil Beck III, who indicated he will seek a probationary sentence for Afifi. ?It?s the worst thing that ever happened in his life. The incident ruined his life.?

Afifi, who suffered burns to his arms and legs during the Aug. 19, 2006, fire has undergone skin grafting, Beck said.

More serious arson-related charges and other charges of insurance fraud, recklessly endangering other persons and risking a catastrophe are slated to be dismissed against Afifi at time of sentencing, according to court documents.

?The district attorney?s office conducted a strong and thorough investigation, including a thorough interview of my client, and both parties agreed there were extenuating circumstances that justified a plea to the reckless burning,? Beck claimed.

At the time of Afifi?s arrest, authorities alleged he was strapped for cash and set his failing business ablaze, burning himself in the process, in order to collect more than $100,000 in insurance proceeds. The fire destroyed the Maison Furniture business Afifi owned in the 1900 block of North Circle Drive in the Oaks section of Upper Providence.

The Oaks Fire Company was dispatched around 11:30 p.m. on Aug. 19, in response to a water flow alarm in a large industrial complex where Afifi?s retail furniture store occupied a portion of the building.

Spotting water flowing from under a door to the business, firefighters broke in and found that the store was filled with smoke. While the automatic sprinkler system had extinguished most of the blaze, firefighters did extinguish a small fire still burning in the center of the store that contained more than 200 pieces of furniture.

Fire investigators and police found two points of origin for the fire ? on a sofa near the center of the store and on a love seat about 10 feet away from the first point of origin, according to the arrest affidavit.

Authorities also detected a strong odor of gasoline. They also found a burned sneaker in the area and, following sooty footprints, found another burned size 9 sneaker near the exit.

?There was also melted rubber on another adjacent chair, which appeared to have come from the sole of the burned sneaker,? county Detective John Fallon wrote in the arrest affidavit.

A box of wooden matches was reportedly found near the second sneaker.

?The burn patterns inside the store indicated that gasoline was used,? Gil alleged. ?The defendant?s severe injuries strongly connected him to where the fire started.?

Declaring the fire arson, authorities also said it was apparent the arsonist had been burned while setting the fire.

At about the same time, Afifi was admitted in critical condition to a New Jersey burn center for treatment of second- and third-degree burns to his face, arms and legs.

Afifi subsequently told New Jersey police that, having received word that his business was destroyed and not believing he had insurance, he had attempted to commit suicide by burning himself inside a Jersey City apartment, according to the criminal complaint. However, New Jersey authorities did not believe that the conditions found in the apartment where Afifi claimed to have set himself on fire were consistent with that claim, the criminal complaint alleged.

In March 2007, Afifi allegedly told New Jersey law enforcement officials and insurance investigators that he had burned himself at the furniture store while repairing furniture and that the fire was accidental. It began after he unplugged an extension cord while using paint thinner to fix up some of the furniture, Afifi told investigators, according to the arrest affidavit.

Afifi allegedly said he put the fire out himself but then panicked, driving to New Jersey for treatment of his injuries, according to the criminal complaint.

A further investigation of Afifi?s business and personal financial records indicated that Afifi?s average monthly business and personal expenses at the time of the fire were $5,482 while his average monthly sales totaled only $4,600, according to the arrest affidavit.

The business checking account had dwindled to about $694 while he had $3,143 in one person