State Fire Marshal Reminds Bars and Clubs of Sparkler Hazard

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STOW, Mass. — State Fire Marshal Jon M. Davine today sent a notice to Massachusetts bars and restaurants regarding the fire hazard posed by sparklers, which are believed to have contributed to the tragic New Year's Eve fire that claimed dozens of lives in a Switzerland bar.
 
"Please be advised that sparklers and other pyrotechnic devices, including so-called 'cold spark' pyrotechnics, are illegal for possession, sale, and use in Massachusetts without professional licensing, certification, and permitting," State Fire Marshal Davine wrote in a notice to proprietors of restaurants, nightclubs, bars, and discotheques. "This includes small sparklers that have been sold as novelties or party favors to accompany champagne bottles, which are believed to have caused the New Year's Eve fire that claimed 40 lives and injured more than 100 people in Crans-Montana, Switzerland."
 
The Marshal thanked the Massachusetts Alcoholic Beverages Control Commission, which has provided the notice to local licensing officials for distribution to licensed establishments, and the Massachusetts Restaurant Association, which is distributing the notice to its members.
 
Separately, the Department of Fire Services issued a notice to a Hialeah, Fla., business that markets sparklers online. This business, King of Sparklers LLC, reportedly sold and shipped sparklers that were later recovered by Fall River Fire Department inspectors at a local establishment.
 
"The shipment of prohibited fireworks products into the Commonwealth constitutes a violation of Massachusetts General Law and the Massachusetts Comprehensive Fire Code and presents a significant public safety concern," the notice stated.
 
State Fire Marshal Davine said that sparklers burn at temperatures of over 1,800° Fahrenheit and cast sparks that can easily ignite furnishings, decorations, and other flammable materials. They can remain hot enough to start a fire even after they've been extinguished, as happened in 2022, when the unsafe disposal of illegal sparklers caused a three-alarm fire in Dracut that displaced nine people. They are classified as fireworks in Massachusetts and their possession, sale, and use require professional licensing and certification.
 
"The tragic fire in Switzerland has a chilling similarity to the Station Nightclub fire in Rhode Island, which led to numerous safety reforms in Massachusetts bars and clubs," State Fire Marshal Davine said, noting the sprinkler regulations, inspection schedules, and crowd manager requirements that are now in place in Massachusetts. "We just want to help these businesses keep their patrons and staff safe."
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Berkshire DA Releases Victim's Name in Fatal Police Shooting

By Brittany PolitoiBerkshires Staff

An image Biagio Kauvil posted to his Instagram page in happier days. 

PITTSFIELD, Mass. — Biagio Kauvil's family had attempted to secure mental health resources for him before a well-being check on Wednesday that turned deadly. 

On Friday, District Attorney Timothy Shugrue identified Kauvil, 27, as the man who was killed by police in a shooting incident at 53 Off South St. on Jan. 7. The New York resident, he said, was expressing "paranoid delusional" thoughts on social media, and in calls to the FBI's National Threat Operation Center and local 911 leading up to the incident. 

"This is a horrific scene, and there is a deceased person, and it's a very sad situation. It was a mental health situation," Shugrue said during a press conference at his office around noon, right after he had spoken to Kauvil's family. 

The DA elaborated on details provided the prior day, though there are still many questions unanswered, and the investigation remains active. He declined to respond to queries about the officers' decision to breach the bedroom door the man was sequestered behind, details about the approximately 46-second struggle that resulted in Kauvil being shot in the head, or if an officer would be charged for the fatality. 

Police say Hinsdale Sgt. Dominick Crupi was shot in the hand by Kauvil, the bullet going through and striking Police Chief Shawn Boyne in his bulletproof vest. Crupi was also shot in the elbow by another officer. He was released from Albany, N.Y., Medical Center on Friday. 

Shugrue said his office will not be releasing the names of the officers involved, although he acknowledged that they have been named on social media and elsewhere. He is "not even near" ready to say if an officer will be charged. 

"I'm only here today because there's a lot of rumors going around the community. I wanted to straighten that out," he said, clarifying that Kauvil was not wanted by the FBI. 

"… I'm sorry I can't give you more information than that, but I really want to be clear about what we know at this stage. But again, this may change once we — I haven't seen the ballistics, I haven't seen the autopsy report. There's a lot of stuff I don't have yet, but I just felt the public deserved to know as quickly as possible what transpired, especially in light of what's happening nationally." 

This is the third police shooting in Berkshire County in nearly four years that involved someone in mental distress. Miguel Estrella, 22, was shot and killed on March 25, 2022, at the intersection of Woodbine Avenue and Onota Street in Pittsfield; Phillip Henault, 64, was shot and killed at his Hancock home on Sept. 9, 2023.

In both cases, investigators cleared the officers as both men had advanced on police armed with knives and threatening them.

Based on the investigation so far, there were no mental health co-responders on site. Shugrue doesn't believe the officers knew Kauvil was armed, and cited the lack of mental health resources in the community. 

"I hope one thing that comes out of this is that we can talk more about legislative work that needs to be done. We can talk about resources that need to be given to mandate that we have mental health professionals working with police officers and working with individuals that are on the street that haven't been able to get the services that they need," he said. 

"And this is unfortunate. I know, speaking to the family, they tried to get services for him. Unfortunately, there's not a lot available, and there's not a lot available in the Berkshires." 

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