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'Hero' off-duty firefighter under investigation for not wearing gear while fighting fire

Off-duty Polk County Fire Capt. Jay Schwartz, once hailed as a hero for helping put out a fire and saving someone's life, is now under investigation for not wearing protective gear.
Capt. Jay Schwartz, seen at center in a T-shirt, was off-duty, but grabbed a hose and helped fight the April 4 fire.

Off-duty Polk County Fire Captain Jay Schwartz, once hailed as a hero for helping put out a fire and saving someone’s life, is now under investigation for not wearing protective gear.

Polk County requires firefighters to wear protective gear but does not have a rule about off-duty firefighters.

The fire took place on April 4 in Lakeland.

Schwartz is also the president of the local chapter of Polk County firefighter’s union IAFF Local 3531.

We’re told he’s under investigation because someone filed a complaint and the county has to investigate it.

10 News asked for a copy of that complaint and who filed it but was denied because the case is still open. So we reached out to Stephen Suarez, the president of another local firefighter’s union in Tampa, IAFF Local 754, to see what protocol is.

As Suarez watched the video shot by a neighbor of the April 4 fire, he said what Schwartz did is something any first responder would do. They’re trained to save lives.

“He was in an off-duty capacity, yes, but there is nothing that says we can’t be good Samaritans.”

The video shows Schwartz wearing a T-shirt and jeans, using a company hose to put out flames while other firefighters are preparing to go inside the home.

Suarez said while it’s not condoned for firefighters to work without protective gear, he doesn’t see anything in the video that shows Schwartz putting himself or anyone else in danger.

We’re told Schwartz also saved someone stuck near the side of the home.

“I don’t see why there should be an investigation because from what I see, the captain stayed outside of the building the whole time,” Suarez said.

Jeannie Grob owns the home and lost everything in the fire.

“As far as I’m concerned, he’s a hero,” she said, talking about Schwartz.

Neighbor Loretta Deal said she stood in the middle of the road and begged people to get out of their cars to help.

"That captain should be getting a steak dinner and not a discipline. I mean, come on, he saved people,” Deal said.

Tampa’s fire department recently rewarded off-duty firefighter Luigi Young for using a garden hose to put out flames before firefighters arrived when a fire broke out at a neighbor’s home on Christmas. He, too, worked alongside responding firefighters to save animals inside.

“He was named firefighter of the first quarter,” Suarez said. “Yesterday, the group Homes For Heroes awarded him again.”

We’re told the investigation into Schwartz should be wrapped up sometime next week. Polk County Deputy Manager Joe Halman Jr. said once they get all the facts in this case, the county will decide whether any department policies were violated.

Halman said he commends Schwartz for his actions and said county commissioners are proud of him. He said Schwartz will likely be honored for helping during an emergency while off-duty once the investigation is complete.

Authorities believe the April 4 fire was an act of arson. Charles Wayne, a 62-year-old resident of the home, was charged with first-degree arson and two counts of arson causing serious bodily harm.

Grob said she opened her home up to Wayne and nearly a dozen other people who lived there. All of them are now without a place to live. They are either staying with friends or provisions made available to them by The Red Cross.

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