The suspect in the Fox News Christmas tree fire was released without bail Wednesday after being charged in connection with the late-night blaze in New York City.
Craig Tamanaha, a 49-year-old homeless man, was seen leaving the Manhattan criminal courthouse after his arraignment telling reporters, “I didn’t do it,” according to Fox News.
Mr. Tamanaha faces a half-dozen charges related to the fire that destroyed the enormous red, white and blue” All-American Christmas Tree,” including arson, criminal mischief, reckless endangerment, criminal nuisance, criminal trespass and disorderly conduct.
All the charges are misdemeanors, including the arson count, which only rises to the level of a felony under New York law if the suspect harms or attempts to harm a person, or the crime is considered a hate crime.
“You’d have to intentionally damage a building or vehicle by starting a fire or explosion as a hate crime, which is an extraordinarily high bar for bail eligibility. Having a personal bias or animus toward Christmas doesn’t legally cut it,” former Manhattan prosecutor Mark Bederow, now a defense attorney, told Fox News.
Under New York’s 2019 bail reform law, cash bail was eliminated for most misdemeanors and nonviolent crimes.
But Mr. Tamanaha was freed even though he has a lengthy rap sheet, including two arrests for drug possession earlier this year in New York City, as well as arrests in Texas. In 2018, he pleaded guilty in separate incidents to felony burglary and misdemeanor assault in Harris County, Texas, and received credit for time served, according to court records.
His father, Richard Tamanaha of Hawaii, told the New York Post that his son struggles with mental health issues.
“Oh, he’s a nut. I can’t control him,” said Richard Tamanaha. “Mentally, he’s not all there.”
Police said Craig Tamanaha was seen climbing the 50-foot artificial tree at 12:14 a.m. Wednesday at West 48th Street and Sixth Avenue in midtown Manhattan. He was taken into custody after fleeing the scene, and a lighter was found in his possession.
Today’s cover: Fox Christmas tree arson suspect released without bail https://t.co/XFMDcRuMfc pic.twitter.com/xFO6jAqTh6
— New York Post (@nypost) December 9, 2021
No injuries were reported from the fire. The tree sits outside the News Corporation building, which houses Fox News, the Wall Street Journal and New York Post.
Meanwhile, Fox News Media CEO Suzanne Scott announced that a new All-American Christmas Tree would be installed Thursday afternoon, less than two days after the fire destroyed the original tree. Fox News Channel plans to broadcast the tree lighting on the air at 5 p.m. Eastern during “The Five,” hosted by Fox personalities Lawrence Jones and Abby Horancek.
Also slated to attend are Cardinal Timothy Dolan, Rev. Jacques DeGraff and Rabbi Joseph Potasnik, and members of the New York Police Department and Fire Department of New York.
Fox News Media and Fox Corporation announced a $100,000 donation to Answer the Call, which provides financial assistance to the families of fallen service members of the NYPD and FDNY, as well as an employee match.
Ms. Scott called the donation “a silver lining and an act of kindness during the holiday season” to benefit the agencies that responded to the Fox Square fire.
• Jeff Mordock contributed to this story.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.
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