John Burns, 40, of Buffalo, has been charged with arson in the fire that destroyed The Old Pink Bar, located at located at 223 Allen Street, United States Attorney Trini E. Ross announced Friday.

Burns was arrested and charged 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.

According to Assistant U.S. Attorney Richard P. Antoine, who is handling the case, on June 17, Burns was at the Old Pink and had a confrontation with another individual. He then left and told the former security guard he would return to “burn [it] down” and “ain’t nobody going to have a job.” Burns was also identified by witnesses as the individual in a video obtained by police. 

“Arson is an extremely dangerous crime, placing lives and property in danger”, stated United States Attorney Trini E. Ross. “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 charges carry a minimum penalty of five years in prison and a maximum of 20 years in prison. 

Acting Erie County District Attorney Michael J. Keane released a statement Friday, saying:

"As a result of a collaborative multi-agency investigation, a criminal complaint has been filed by the U.S. Attorney’s Office of the Western New District of New York in the arson of the “Old Pink.” This fire destroyed a beloved tavern in the city’s Allentown neighborhood, threatened nearby homes and businesses, risked the lives of responding firefighters, left several people unemployed, and saddened countless patrons. I commend our local and federal law enforcement partners for their diligent work on this case, including members of the Buffalo Fire Department, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Buffalo Police Department, U.S. Attorney’s Office of the Western District of New York, as well as Chief Patrick B. Shanahan and Assistant District Attorney Christine M. Garvey of the Erie County District Attorney’s Office."