Man charged in Old Pink fire threatened to ‘burn that b**** down,’ prosecutors say

BUFFALO, N.Y. (WIVB) – The 40-year-old Buffalo man arrested and charged with setting fire to the Old Pink in June had threatened to burn the building down during an altercation at the bar earlier that night, the U.S. Attorney’s Office said Friday.

The fire engulfed the popular bar in the early morning hours of June 17 and caused the Allentown landmark to be demolished. Charges against John W. Burns for his alleged role in the arson carry a minimum penalty of five years in prison and a maximum of 20.

Burns was confronted at the bar that evening about his behavior toward women by a patron formerly contracted to work security for the Old Pink, according to an affidavit filed by Special Agent Robert Grunder of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Burns responded by attempting to fight the former security guard, according to the document, and the ex-guard knocked Burns over by slapping him.

Following that encounter, Burns allegedly told the former guard, “I’ll be back motherf*****,” adding, “I’ll burn that b**** down” and “ain’t nobody going to have a job,” the affidavit states. In text messages obtained by the ATF, Burns allegedly referenced the fire and stated to a friend that he was going “guerrilla mode.”

Video evidence showed an individual setting the building on fire approximately two hours after the fight, prosecutors said, adding Burns was identified by witnesses as the individual in the video. The affidavit said Burns appeared to start the fire with a propane plumbers torch.

Damages were initially estimated at $1.25 million, though a dollar figure cannot be put on the sentimental value held by many in the community. A candlelight vigil was held to memorialize the bar known for its steak sandwiches and eclectic clientele. Fire dispatchers overheard on the scanner echoed the sentiment: “How do you put a price tag on the old Pink Flamingo?” a voice could be heard asking.

Burns was charged by criminal complaint with maliciously damaging and destroying, and attempt to damage and destroy, by means of fire, a building and real property used in interstate commerce and in activity affecting interstate commerce, the U.S. Attorney said.

The U.S. Attorney’s Office confirmed to WIVB News 4 that a mental health and competency evaluation for Burns has been ordered by United States Magistrate Judge H. Kenneth Schroeder.

“Arson is an extremely dangerous crime, placing lives and property in danger,” United States Attorney Trini Ross said in a statement. “Arson has tremendous ripple effects, leaving people homeless, without employment, or both. Here, the arson of the Old Pink left employees without jobs and destroyed an iconic gathering place in the Buffalo community. Such harm to our community will not be tolerated. My office will continue to investigate and prosecute all persons who commit arson, and other federal crimes, that negatively impact the Western District of New York.”

The ATF affidavit also accuses Burns of attempting to start a fire outside the Essex Street Pub in August, though it was quickly extinguished by fire department members. Burns had allegedly been denied entry to the bar the night prior due to disruptive behavior, and later lit a pile of books on fire in the pub’s parking lot next to the owner’s vehicle.

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Nick Veronica is a Buffalo native who joined the News 4 team as the Digital Executive Producer in 2021. He previously worked at NBC Sports and The Buffalo News. You can follow Nick on Facebook, Twitter and Threads. See more of his work here.

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