A federal judge has thrown out a lawsuit filed by former Branford Selectman Anthony "Gene" Bontatibus, who claimed Branford police wrongly targeted him as the culprit behind a fire that destroyed his business and killed a local firefighter.
Bontatibus sued Detective Duncan Ayr and the town of Branford in U.S. District Court in 2003.
Bontatibus claimed he was the subject of a malicious prosecution and sought in excess of $5 million in damages.
While Bontatibus was charged with arson murder in the Nov. 28, 1996, death of volunteer firefighter Edward Ramos, the charge was dismissed in 2001 after three trials ended in mistrials.
Bontatibus’ Floors & More store on School Ground Road was ruined by the Thanksgiving Day blaze.
Judge Janet C. Hall granted the defendants’ motion for summary judgment in U.S. District Court, Bridgeport, closing the case.
The town claimed the arrest and prosecution of Bontatibus was supported by probable cause, and Hall found that the defendants conducted a thorough investigation.
"The facts before the court provide ample support for a finding that probable cause existed to arrest and prosecute Bontatibus," Hall wrote in her decision.
The lawsuit claimed the police arrest warrant affidavit grossly exaggerated the amount of insurance available to cover Bontatibus’ loss from the destruction of his business.
Hall concluded that the difference in the stated and actual available insurance proceeds wouldn’t have had an impact on the calculation of probable cause.
Ayr said he is pleased with the judge’s decision, but he deferred further comment to his attorney, James Tallberg of Updike, Kelly & Spellacy.
"It is a complete vindication for Detective Ayr and the Branford Police Department," Tallberg said. "We hope the court’s decision will bring an end to this matter."
Bontatibus has a right to appeal the decision within 30 days to the 2nd U.S. Circuit Court of Appeals.
Bontatibus’ attorney, Norman Pattis, said Tuesday he has not yet decided if he will appeal, as he still needs to review the decision and discuss it with Bontatibus.
"I’m disappointed with the decision," Pattis said. "Gene has been put through hell and apparently will never be compensated for what he has been put through."
Pattis claimed that the case harmed Bontatibus’ reputation, caused him to suffer anxiety and humiliation, and ruined him financially.
"When he goes through Branford, a certain percentage of people look at him as if he is a killer," Pattis said.
According to Pattis, Bontatibus continues to work in the flooring business.
While several police officers participated in the investigation, Ayr was specifically named as a defendant, because he signed the arrest warrant affidavit.
The state fire marshal’s office concluded that the fire was arson. During the trials, Bontatibus’ defense team claimed there were other possible causes for the fire, including a persistent natural gas leak.
Ramos was trapped inside the building when the roof collapsed. According to trial testimony, Ramos sprayed water toward two other trapped firefighters, William Pepe and John Cudgma, helping them escape.
If convicted, Bontatibus could have faced life imprisonment without the possibility of parole.
Deputy Fire Chief Ronald Mullen was among those who worked on the investigation.
"This is a great decision on the judge’s part," Mullen said. "It was an objective investigation, done by the book." Bontatibus, now 66, sued the Hartford Fire Insurance Co. in 1998 in an effort to collect damages for the fire. The company refused to pay, as it claimed he set the blaze to collect insurance money. A civil trial ended in a mistrial in 2004, after a jury couldn’t reach a unanimous verdict. The case was ultimately settled out of court "to the satisfaction of the parties" according to Pattis, who declined to comment on the amount of the settlement.
Michelle Tuccitto can be reached at mtuccitto@nhregister.com or 789-5615.
İNew Haven Register 2005