The state will not pursue charges against an East Haven man who was being criminally charged with violating the state’s fire code by placing his grill too close to a residential building.
Enrico Vaccaro, who resides at the Shell Beach Condominiums in East Haven, was facing potential jail time over charges his grill was placed at the base of a set of shared exterior stairs on the property. According to an affidavit attached to the warrant for Vaccaro’s arrest, the “was nearly touching the structure, which is much closer than 10 feet allowed” under the Connecticut State Fire Safety Code.
However, the state has since decided to enter a nolle in the case, meaning it is unwilling to further pursue charges against Vaccaro, because it cannot prove the grill was used within 10 feet of the structure.
“Upon performing the state’s due diligence in preparing this case for trial, I determined that the state could not prove beyond a reasonable doubt that the grill “used” within 10′ of the structure.” Donna Parker, a senior assistant attorney for the state informed Alex Taubes, Vaccaro’s lawyer.
Parker noted that the inability to determine this fact beyond a reasonable dealt obligated the state to nolle the case.
“Again, in reviewing the facts and information supporting this case, I determined that the state could not meet the standard of proof with regard to the element of “prohibited use” beyond a reasonable doubt. Upon making that determination, I am obligated by law and fairness to enter a nolle for this case.” Parker concluded.
Taubes told CII that Vaccaro will explore legal options in response to the state’s prosecution.
“As we expected, this prosecution was all sizzle, no steak—and more importantly, had no facts or law to support it. Mr. Vaccaro is now exploring all legal options available to him in light of his vindication today after nearly a year of unjust prosecution.” Taubes said.
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