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CEO's New Year's Eve Fireworks Ignite Feud In Zephyrhills

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By LAURA KINSLER

lkinsler@tampatrib.com

Published: January 7, 2009

ZEPHYRHILLS - A raucous New Year's Eve party at Skydive City has ignited a feud between the city's fire marshal and millionaire businessman Marcus Price.

Price has filed a formal complaint with City Manager Steve Spina against Fire Marshal Kerry Barnett, including a long list of grievances that culminated with the New Year's Eve fracas at Skydive City.

"New Year's Eve was just silly, and things spiraled out of control," Price said.

Spina referred the matter to Fire Chief Keith Williams, who is investigating Prices' allegations.

In his letter, Price, the founder and chief executive officer of Goin' Postal, alleges a history of harassment by the fire marshal that started with the requirement that he install a sprinkler system and fire monitoring system in a retail property in the downtown historic district.

Price calls the ordinance "moronic." He received a $7,500 grant from the city to pay for half the cost of the sprinklers.

After a series of smaller altercations, the grudge match "blew up" during the New Year's party. Price said he pays for a huge fireworks display for the event.

"We buy top-of-the line consumer fireworks," Price said. "It's always safe. We use safety fuses."

Barnett was called to the scene around 11 p.m. after the fire department responded to a car fire near the party. A 23-year-old man was injured in the fire, and his friends took him to Florida Hospital. He was later transferred to Tampa General Hospital's burn unit and has since been released.

Because the fire appeared to be caused by fireworks, the marshal ordered Price and his guests to stop setting them off.

Price complained in his letter that the marshal's order ruined everyone's New Year's celebration.

Around 12:45 a.m., a party guest lit the fuse on the remaining fireworks. Barnett, who was still at the scene investigating the car fire, ordered Price to stop the display and threatened to arrest him. The confrontation soon escalated into a profanity-laden "screaming match."

The crowd, which numbered anywhere from 500 to 800 people, was getting "unruly." Barnett called for police backup.

Price said Barnett was rude, but did not use any curse words. Price used many.

"He was belligerent from the get-go," firefighter Shawn Baptist said. "He cussed us up one way and down the other. He used words that would have made a sailor proud."

Price told the police officer that "the only reason Fire Marshal Barnett told him to stop is because he is jealous and is a 'short little expletive.' "

In an interview, Price accused Barnett of hiding so that he could catch him in the act of setting off the fireworks. Baptist, who is also Barnett's union representative, said the two were interviewing witnesses to the car fire. The fire engine was still on the scene with the lights going.

Price said he didn't think the car fire should have interfered with his party plans. "They were a half-mile away from us," he said. "That was a case where some guys were setting fireworks off too close to their car. That guy getting burned was nothing to do with fireworks. That was someone standing too close to a car fire."

Williams, the fire chief, said his department followed procedure and that whoever set off the fireworks practically dared the officers to arrest them. "It was almost an in-your-face kind of thing."

Williams said the officers couldn't have stopped the fireworks without inciting a riot. "At the time, the magnitude of the situation would have prevented anyone from stopping it," he said.

Barnett said he would file a written response by Thursday.

Reporter Laura Kinsler can be reached at (813) 779-4617.

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