NEW ROCHELLE ARSONIST ARRAIGNED
ON A FORTY FIVE COUNT INDICTMENT
Westchester County District Attorney Janet DiFiore announced today that Walter Devivo (DOB 6/22/62) of 3 Clover Place, New Rochelle, New York has been arraigned on a forty five count indictment, including twenty four felonies, charging:
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One Count of Arson in the Second Degree, a class “B” Felony,
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One Count of Arson in the Third Degree, a class “C” Felony,
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Two Counts of Burglary in the Second Degree, class “C” Felonies,
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Four Counts of Reckless Endangerment in the First Degree, class “D” Felonies,
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Five Counts of Criminal Mischief in the Second Degree, Class “D” Felonies,
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Two Counts of Aggravated Criminal Contempt, “D” Felonies,
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Two Counts of Criminal Contempt in the First Degree, Class “E” Felonies,
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One Count of Criminal Mischief in the Third Degree, a class “E” Felony,
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Two Counts of Grand Larceny in the Fourth Degree, class “E” Felonies,
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One Count of a Violation Section 1192, (3) of the New York State VTL, a class “E” Felony,
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Two Counts of Criminal Possession of Stolen Property in the Fourth Degree, class “E” Felonies,
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One Count of Arson in the Fourth Degree, a class “E” Felony,
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Twenty Class “A” and “B” Misdemeanor counts charging Assault, Menacing, Petty Larceny, Resisting Arrest, Criminal Contempt and Criminal Possession of Stolen Property,
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One Count of Unlawful Possession of Marihuana, a Violation.
On February 3rd, 2008, the defendant intentionally started a fire at 47 Maple Avenue, New Rochelle, a multi-family dwelling which was fully occupied at the time of the fire. He carried up to the third floor two buckets and a container of gasoline. One bucket contained a flammable ignitable substance; the other contained numerous pieces of wood that were gasoline soaked.
The defendant then lit the fire at the dead end of a narrow third floor hallway, leaving no egress for the third floor tenant – his former girlfriend.
The defendant also poured gasoline from the top landing down to the entrance.
The defendant then fled the scene.
A short time later he was stopped by the New Rochelle police who observed the defendant in his motor vehicle, in an intoxicated condition, in the vicinity of North Avenue in New Rochelle.
He was placed under arrest.
Earlier in the day, Devivo, at his previous residence, 81 Hilltop Avenue, New Rochelle, grabbed his ex-girlfriend, dragged her to the front door and pushed her down the stairs in a violent manner in an attempt to throw her out of the building.
On two subsequent occasions:
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the evening of September 20th, 2008, the defendant placed a rock on the gas pedal of a U-Haul truck, setting the truck on a course down the driveway of 47 Maple Avenue, crashing it into two cars. The impact of the crash caused one vehicle to be pushed under the second and both broke through the back wall of the garage.
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On September 24th, 2008, the defendant intentionally started a fire in the garage of 47 Maple Avenue. The building was used as paid storage by certain tenants of the building. The defendant intentionally started a fire by pouring gasoline in a U-shaped pattern in a corner of the garage and then lighting the area. The building was engulfed in flames and extensively damaged and has been condemned. Various articles of furniture, along with a vehicle parked outside, were destroyed by the fire.
Devivo faces up to five to twenty five years in prison on the top count of the indictment.
Bail was set at one million dollars.
His next court date will be on December 1st, 2008.
Assistant District Attorney Barbara Egenhauser, Chief of the Domestic Violence Bureau, and Assistant District Attorney Pauline Haynes, of the domestic violence bureau, will prosecute the case.
Walter Devivo
In compliance with Disciplinary Rule 7-107A of the Code of
Professional Responsibility, you are advised that a charge is
merely an accusation and that a defendant is presumed
innocent until and unless proven guilty.