Firefighter disputes Kiski Township police charges stemming from plans to burn building debris

Kiski Township police arrested an Apollo firefighter and charged him with disorderly conduct after they say he refused to abandon plans to burn rubbish with prohibited items.

Police charged Lyle Rusz, 60, of Kiski Township with disorderly conduct, resisting arrest and tampering with fire apparatus.

Rusz’s attorney, Gregory Swank, disputed the charges and plans to defend his client at an Aug. 18 preliminary hearing before District Judge James Andring.

“The charges against Lyle are trumped up,” Swank said. “He did not resist arrest. He was not disorderly. This tampering or damaging fire equipment is pulled out of left field.”

Shortly after he was arrested, Rusz was released into his wife’s custody, according to court records.

The charges stem from a complaint July 1 from a resident about Rusz preparing to burn a large pile of rubbish with some items known to be toxic when burned. Among the items were roofing shingles and tires, authorities said.

Police arrived and found an Apollo Hose Company No. 3 fire truck parked along Sawyer Road in the township near the Apollo boundary. A fire hose attached to the truck was connected to a fire hydrant. Rusz is a longtime firefighter and a lieutenant with the Apollo fire company.

Police said they followed a hose running from the truck about 100 to 150 yards up a hill.

When police reached the rubbish pile, Rusz told them he was given permission to burn the rubbish from Rich Frain, who is the chief of Kiski Township’s volunteer fire department and vice chairman of the township supervisors.

Frain did not return calls for comment Thursday and Friday.

Police told Rusz he was not permitted to burn the large pile of rubbish because there was prohibited material in the pile. They say Rusz told an officer he would move away a couple of tires.

But police say they saw a large fuel tank, ceiling tiles and wooden material from building products in the pile.

According to police, Rusz told an officer he was still going to burn the debris.

A neighbor got involved in the dispute, and Rusz started yelling offensive language, police said. Police arrested him.

The site was recently purchased by Rusz’s daughter, according to Swank.

The plans were to burn the wood from the demolished home to clear the site, Swank said. Complicating the situation, Swank said, is a disgruntled neighbor who wanted to buy the site but was outbid by Rusz’s daughter.

The disorderly conduct charge is bogus, Swank said.

“Rusz wasn’t screaming at anybody,” Swank said. “He had a right to do what he was doing.”

Additionally, Rusz was not drawing water from the fire hydrant, Swank said.

The fire truck, which had water aboard, was connected to the fire hydrant as a backup, he said.