42 year old Buffalo man faces 5 years in federal prison
From the U.S Attorney’s Office,
BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that John W. Burns, 42, of Buffalo, NY, pleaded guilty to arson of a building used in interstate commerce before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of five years in prison and a $250,000 fine.
In the early morning hours of June 17, 2024, the Buffalo Fire Department (BFD) responded to the scene of a fire at 223 Allen Street, a restaurant/bar known as The Old Pink. The building was engulfed in flames and was ultimately destroyed. Subsequent investigation by the Buffalo Fire Marshal’s Office determined that the fire had been set deliberately. Investigators recovered a blue propane plumbers torch from the rear of the building. Video evidence showed an individual in the rear of the building near the origin of the fire. The individual couldn’t be identified but appeared to be wearing a dark colored jacket with some sort of emblem on the left arm and green and white sneakers. The video evidence also shows that prior to the start of the fire, the individual brought two white garbage bags to the back of the building and was looking through the garbage totes. The individual is then seen walking away from the area of origin and a short time later, a visible fire can be seen.
Subsequent investigation determined that Burns was at the Old Pink earlier in the evening and had a confrontation with an individual formerly contracted to work security for The Old Pink. The former security officer told law enforcement that he had confronted Burns after a female patron complained that Burns had touched her inappropriately. Burns was asked to leave but refused. A fight ensued and Burns stated: “I’ll be back (expletive), I’ll burn that (expletive) down, ain’t nobody going to have a job.”
Investigators reviewed the security footage of the fight at The Old Pink with the owner of the Essex St. Pub, a restaurant located at 530 Rhode Island Street in Buffalo. The owner identified Burns as the individual who had the confrontation with the former security guard. The owner recognized Burns because he previously employed him at the Essex St. Pub.
Investigators also reviewed the security footage with two associates of Burns, both of whom identified him as the individual walking away from The Old Pink shortly after the fire began. Law enforcement interviewed one of the associates, who provided text messages that he received from Burns in the early morning hours of June 17, 2024. After describing what appeared to be the fight at The Old Pink, Burns stated, “Guerrilla mode on” and “Guerrilla BuffL9 is a go.” The conversation continued:
Burns: Bail me out if I don’t call you at noon. Therz a fund.
Time Stamp Mon, June 17 at 5:57 a.m.
Associate: You’re killing me bro trying to sleep
Associate: What is going on
Burns: Nothing. Made my bed. Gonna defend it to the death at this point
Associate: See that is the problem and I have no idea what you’re talking about. You don’t give me any details you just say things. what are you talking about? What bed what are you doing? What happened?
Burns: Call or signal. Text bad
Burns: Whatever they probably a footage
Burns: Really though I can’t just say all the things that will later be investigated here
Burns: I’m going to the er….
In the early morning hours of August 13, 2024, at 6:03 a.m., Burns was observed on video setting a fire in the parking lot of the Essex St. Pub, which was quickly extinguished by fire department members. Buffalo Fire Marshals determined that the origin of the fire was a pile of books that had been placed near the owner’s personal vehicle. The owner told fire investigators that he received a text message the previous night indicating that Burns had been denied entry to the pub due to disruptive behavior. The owner identified Burns on video as the person carrying a pile of books in his arms towards the rear parking lot, lighting the books on fire, and then leaving the area.
The case is being prosecuted by Assistant U.S. Attorney Richard P. Antoine. The plea is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Bryan DiGirolamo, Special Agent-in-Charge; Erie County District Attorney’s Office, under the direction of District Attorney Michael J. Keane; Buffalo Fire Department, under the direction of Commissioner Daniel J. Pizarro; and Buffalo Police Department, under the direction of Commissioner Erika Shields.
Sentencing is scheduled for October 27, 2026, before Judge Arcara.
