Upper South man held for trial on charges he risked police officers' lives

Posted: Friday, December 21, 2012

If a house is on fire, is it a crime if you refuse to leave?

Bucks County prosecutor Matthew Hoover argued Thursday that Upper Southampton resident Eric Kashkashian, 35, needlessly put police officers’ lives in danger when he refused to leave his burning home Oct. 5 and fought with officers when they rescued him.

“All he had to do was walk outside his house and no one would be put at risk,” Hoover told Northampton District Judge William Benz at a preliminary hearing for Kashkashian, charged with misdemeanor recklessly endangering another person and related charges.

Kashkashian’s public defender Ann Faust argued while foolish, it wasn’t illegal, for her client to refuse to leave his burning home. She added the police officers are not required to enter an unsafe home to rescue someone.

“This entire complaint, your honor, should be dismissed,” Faust said.    

In the end, though, Benz agreed with the prosecution that Kashkashian acted recklessly and risked the officers’ lives when he went back into the burning home.

“It’s almost like he was inviting the police officers to come into the house,” Benz said, holding Kashkashian for trial on all charges.

Upper Southampton police said Kashkashian, who has a history of physical confrontations with police including a recent conviction of aggravated assault and resisting arrest, knew his house was on fire when he locked himself inside.

Patrolman Anthony Marseglia testified Thursday he kicked in the front door to the home in the 1300 block of Stephens Way and entered to find Kashkashian. After getting a few feet inside, heavy smoke forced him back outside.

Next he tried rear doors, but all were locked. Then Marseglia testified he heard glass break. Then he saw Kashkashian starting to crawl out of the broken basement window.

But when Marseglia called his name and offered him help, Kashkashian retreated into the burning home and started barricading the broken window with whatever he could find, the officer said.

With help from firefighters and a sledgehammer, police broke down a rear basement door, but couldn’t find Kashkashian in the smoke-filled basement. Marseglia and two other officers began moving from room to room as others continued battling the blaze.

Marseglia found Kashkashian crouched in a first-floor powder room.

When the officer tried to handcuff him, Kashkashian started fighting, screaming “you need to wear gloves,” the officer said.

Kashkashian was so combative it took several officers to carry him out, and he fought with them the whole way and at one point spit blood and saliva in his face, Marseglia said. In the ambulance, he struggled with paramedics so much he had to be restrained.

Eric Kashkashian

“He keeps screaming we need to wear gloves,” Marseglia said.

On cross examination, Marseglia admitted Kashkashian never hit or kicked him during the struggle.

Kashkashian remains in Bucks County prison in lieu of 10 percent of $5,000 bail.

Jo Ciavaglia: 215-949-4181; email: jciavaglia@phillyBurbs.com; Twitter: @jociavaglia