Chief Accused of Stealing Firetruck Wins Acquittal

A Northern California fire chief was acquitted this week on charges he stole a Los Angeles County fire engine, leaving unanswered the question: Who did get away with it?

The San Fernando Municipal Court trial of Pat Colleary, chief of the Mendocino County-Anderson Valley Volunteer Fire Department, took longer than it ordinarily would have because so many of the witnesses were fellow firefighters, who had to be brought in from the fire lines as disastrous blazes swept Southern California.

After only 35 minutes of deliberations Monday, a jury acquitted Colleary of two misdemeanor charges of stealing the $1,025 firetruck, which had been declared surplus by the County Fire Department and offered for sale.

Attorneys on both sides agree that Colleary submitted the winning bids on four fire engines at a surplus auction about a year ago. Prosecutors alleged, however, that he actually took five from a surplus yard in Pacoima, and that he tricked his way into possession of the fifth by displaying a receipt for yet another truck, which he bought in 1991.

Defense attorney Bob Diamond acknowledged Colleary drove off with five trucks--saying the fifth was one he already owned, which he brought to the yard to jump-start the four he had just bought.

Colleary repairs and resells some fire engines to other small-town fire departments, and keeps some to drive in parades as a hobby, Diamond said.

Colleary, now a deputy director of the California State Firefighters Assn., “would never take a chance like that over that measly amount of money,” Diamond said, accusing several county officials of fabricating the story to protect their jobs.

“A whole firetruck, the size of a house, drove off the yard, and they lost it,” Diamond said.

The truck has never been recovered.

Orange County Fire Department Capt. Bob Gonzalez appeared to testify on Colleary’s behalf Oct. 29 after being on the line in the Laguna fire for two days, Diamond said.

Gonzalez testified to the identity of the truck Colleary took, which Colleary parked for a while at Gonzalez’s house.

Deputy City Atty. Victor Kalustian said the trial was delayed for about one day because of problems bringing in several firefighters, “mostly bulldozer drivers, the guys who cut firebreaks.”

The trial was delayed again when fire erupted in Chatsworth and a juror was granted a short recess so she could check on her home, which was found to be safe, attorneys and another juror said.