Judge blocks D.C. firefighter dismissal

WASHINGTON (Map, News) - A D.C. Superior Court judge has temporarily blocked the District from firing the lead firefighter in the mishandled response to the fatal beating of a New York Times reporter.

D.C. Fire Chief Dennis Rubin fired the firefighter last week, overruling a review board’s recommendation that the emergency worker be suspended for about six weeks. Rubin also more than doubled the suspension of a second emergency worker to about four weeks.

But Judge Robert Tignor issued a temporary restraining order, agreeing with the D.C. Firefighters Association that the fire chief cannot increase the amount of punishment recommended by the trial board. The fire chief can only accept or lessen the board’s recommendation.

In his order, Tignor wrote “that the city’s action is in clear contravention of its own regulations.” Tignor suggested that the firefighters likely would prevail.

The order, issued Monday, was for 10 days. A hearing has been set for May 18 before Judge Judith Retchin.

D.C. Fire and Rescue spokesman Alan Etter said Rubin stands by his decision but will follow the judge’s order.

The four-member trial board acquitted three other responders. The city has not released the names of the five individuals.

Veteran journalist David Rosenbaum, 63, was beaten with a pipe during a mugging near his home in January 2006, just days after retiring from the Times’ Washington bureau.

Emergency workers initially believed Rosenbaum was drunk and didn’t try to determine whether he was injured, a city report found. An ambulance driver bypassed the closest hospital and took him to Howard University Hospital, nearly two miles out of the way.

The Rosenbaum family withdrew a $20 million lawsuit against the city in March after receiving assurances from new Mayor Adrian Fenty that the District’s emergency services will be overhauled.

smccabe@dcexaminer.com

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