'Burning river' loses sting in Cleveland 50 years after fire

Fifty years after the Cuyahoga River's most famous fire, a plucky new generation of Cleveland artists and entrepreneurs has turned the old jokes into inspiration and forged decades of embarrassment into a fiery brand of local pride.

"Everybody knows Cuyahoga County for the burning river. That happened how many years ago?" said Johnny Rowan, manager of Burning River Coffee in nearby Lakewood. "It was a big joke of the country — heck, the world — for how long? And now people look at us with pride. We've taken it, we've owned it and we've turned it into something positive."

Rowan's is one of 90 active businesses registered with the state that have "burning river" in their names, the bulk formed in the past five years. The legacy of that June 22, 1969, blaze has been embraced by coffee shops, beer makers, songwriters, poets, sports teams, festivals, endurance races, podcasts, candles and jams.

Firefighter Greg Geracioti maneuvers the Anthony J. Celebrezze down the Cuyahoga River, Thursday, June 13, 2019, in Cleveland. The fire boat extinguished hot spots on a railroad bridge torched by burning fluids and debris on the Cuyahoga River in 1969. (AP PhotoTony Dejak)

Despite its symbolism, the 1969 fire was hardly the first on the horrifically polluted river. More than a dozen fires broke out over the years, including a deadly 1912 blaze that killed five, and a 1952 fire that caused more than $1.3 million in damage.

The 1969 fire began when a spark from a passing train landed on a floating oil and garbage slick, and lasted less than an hour. No pictures exist of the flames. But the blaze atop the Cuyahoga became iconic and led to the creation of the U.S. Environmental Protection Agency and contributed to passage of the Clean Water Act and the Safe Drinking Water Act.

Somewhere over the past decade or so, the city stopped trying to erase the memory of the fire and began to embrace its many lessons, said Mayor Frank Jackson.

Jacob Tuel, owner of Burning River Guitars, repairs the neck of a guitar, Monday, June 10, 2019, in Akron, Ohio. Tuel named his guitar shop after the 1969 blaze on the Cuyahoga River, in Cleveland. (AP PhotoTony Dejak)

"You know what it is? You have to accept yourself," he said. "They view it not as the river catching fire, but the way they view it is as the beginning of something. It became the starting point."

Things got worse for Cleveland before they got better.

In 1972, adding proverbial fuel to the fire, then-Mayor Ralph Perk accidentally set his own hair on fire while using a blowtorch at a public ceremony. That same year, Randy Newman released "Burn On," singing wistfully that he'd always remember Cleveland because "the Cuyahoga River goes smoking through my dreams."

Jacob Tuel, owner of Burning River Guitars, repairs the neck on a guitar, Monday, June 10, 2019, in Akron, Ohio. Tuel named his guitar shop after the 1969 blaze on the Cuyahoga River, in Cleveland. (AP PhotoTony Dejak)

Decades of economic hardship, social turmoil and famously abysmal luck in sports followed. That losing streak ended when the Cleveland Cavaliers and Akron-born LeBron James brought home a national championship in 2016.

"There was a time when Clevelanders were what I call clinically depressed. No matter how much the sun was shining, there was this humdrum attitude about ourselves," Jackson said. "We've overcome that clinically depressed attitude and mentality to be a city that has an expectation of winning."

That new upbeat view began early for Cleveland-based Great Lakes Brewing Co., founded in 1988. Co-founder Patrick Conway said Burning River was one of the first beers the company released.

Jacob Tuel, owner of Burning River Guitars, repairs the neck on a guitar, Monday, June 10, 2019, in Akron, Ohio. Tuel named his guitar shop after the 1969 blaze on the Cuyahoga River, in Cleveland. (AP PhotoTony Dejak)

"It was self-deprecating, it was cheeky and we felt 1969 was a different time," Conway said. "We never would have chosen the name if we had thought the river was still being treated as a sewer or if we felt there was a pejorative feel about the river and the city and the name."

Great Lakes sponsors an annual Burning River Fest, too, added to anniversary events this week celebrating the city's precious clean-water resources. Those include a Cuyahoga River so clean that, in March, the EPA declared its fish safe to eat.

There's no limit on use of "burning river" by businesses, since you can't trademark common descriptive phrases.

Jacob Tuel, owner of Burning River Guitars, repairs the neck on a guitar, Monday, June 10, 2019, in Akron, Ohio. Tuel named his guitar shop after the 1969 blaze on the Cuyahoga River, in Cleveland. (AP PhotoTony Dejak)

Jake Tuel named his guitar repair shop in the nearby city of Akron after the blaze.

"I feel that it's kind of a message of rebirth, kind of like a river coming back, an ecology coming back, business coming back," Tuel said of the name Burning River Guitars. "So I thought it had a nice little association with it, as far as our business goes, because our business is guitar restoration."

Gene Natale Jr., who owns Burning River Entertainment, said more clients are choosing the backdrop of Cleveland for their wedding photos.

The Anthony J. Celebrezze rests on the Cuyahoga River, Thursday, June 13, 2019, in Cleveland. The fire boat extinguished hot spots on a railroad bridge torched by burning fluids and debris on the Cuyahoga River in 1969. (AP PhotoTony Dejak)

"Somehow the way it entered the public consciousness was, 'We're better than you because of our river,'" Natale said. "When you bring up the years when things were miserable, people have a lot more genuine pride in Cleveland. Calling back those days of everyone making fun of Cleveland makes everyone have even more pride."

Malina Rauschenfels, of Burning River Baroque, said her feelings about her social justice music group's name are so strong that she includes them in grant applications. The artist-run ensemble specializes in interactive Baroque performances.

"You find it's very easy for people to look on the past and say, 'How could they have done that?'" she said. "We try to twist that and say look how far we've come or how not far we've come. How can this thing that we look at in history seem so clear to us, and yet our current space in time seems so fuzzy or seems so different? It really isn't. There are the same lessons to learn."

Johnny Rowan stands outside Burning River Coffee, Friday, June 14, 2019, in Lakewood, Ohio. Rowan’s is one of 90 active businesses registered with the state that have “burning river” in their names, inspired by the Cuyahoga River’s most famous fire. (AP PhotoTony Dejak)

Bottles of Burning River beer make their way down the assembly line in the bottling process at the Great Lakes Brewing Company, Monday, June 17, 2019, in Cleveland. The "burning river" in the beer's name is inspired by the Cuyahoga River’s most famous fire. (AP PhotoTony Dejak)

Posters are for sale featuring Burning River Pale Ale at the gift shop at the Great Lakes Brewing Company, Monday, June 17, 2019, in Cleveland. Fifty years after the Cuyahoga River's famous fire, a plucky new generation of Cleveland artists and entrepreneurs has turned the old jokes about the “mistake on the lake” into inspiration and forged the decades of embarrassment into a fiery brand of local pride. (AP PhotoTony Dejak)

Jacob Tuel, owner of Burning River Guitars, poses for a photo in his workshop, Monday, June 10, 2019, in Akron, Ohio. Tuel named his guitar shop after the 1969 blaze on the Cuyahoga River, in Cleveland. (AP PhotoTony Dejak)

Firemen maintain the Anthony J. Celebrezze as it floats down the Cuyahoga River, Thursday, June 13, 2019, in Cleveland. The fire boat extinguished hot spots on a railroad bridge torched by burning fluids and debris on the Cuyahoga River in 1969. (AP PhotoTony Dejak)

The Cuyahoga River winds it way toward Cleveland, Tuesday, May 28, 2019. Fifty years after the Cuyahoga River's famous fire, a plucky new generation of Cleveland artists and entrepreneurs has turned the old jokes about the “mistake on the lake” into inspiration and forged the decades of embarrassment into a fiery brand of local pride. (AP PhotoTony Dejak)

A man fishes off a dock on the Cuyahoga River, Tuesday, May 28, 2019, in Cleveland. Fifty years after the Cuyahoga River's famous fire, a plucky new generation of Cleveland artists and entrepreneurs has turned the old jokes about the “mistake on the lake” into inspiration and forged the decades of embarrassment into a fiery brand of local pride. (AP PhotoTony Dejak)

The Anthony J. Celebrezze turns on its hoses in front of Fire Station 21 on the Cuyahoga River, Thursday, June 13, 2019, in Cleveland. Fire Station 21 battles the fires on the Cuyahoga River. The Celebrezze extinguished hot spots on a railroad bridge torched by burning fluids and debris on the Cuyahoga in 1969. (AP PhotoTony Dejak)

A worker shrink wraps cases of Burning River beer at The Great Lakes Brewing Company, Monday, June 17, 2019, in Cleveland. The "burning river" in the beer's name is inspired by the Cuyahoga River’s most famous fire. (AP PhotoTony Dejak)

The Anthony J. Celebrezze rests near Fire Station 21 on the Cuyahoga River, Thursday, June 13, 2019, in Cleveland. Fire Station 21 battles the fires on the Cuyahoga River. The Celebrezze extinguished hot spots on a railroad bridge torched by burning fluids and debris on the Cuyahoga in 1969. (AP PhotoTony Dejak)

Kylie Augustine, left, and Ashlie Prosky paddle in kayaks on the Cuyahoga River, Tuesday, May 28, 2019, in Cleveland. Fifty years after the Cuyahoga River's famous fire, a plucky new generation of Cleveland artists and entrepreneurs has turned the old jokes about the “mistake on the lake” into inspiration and forged the decades of embarrassment into a fiery brand of local pride. (AP PhotoTony Dejak)

Johnny Rowan stands outside Burning River Coffee, Friday, June 14, 2019, in Lakewood, Ohio. Rowan’s is one of 90 active businesses registered with the state that have “burning river” in their names, inspired by the Cuyahoga River’s most famous fire. (AP PhotoTony Dejak)

Burning River Pepper Jam is displayed on a shelf at the Great Lakes Brewing Company gift shop, Monday, June 17, 2019, in Cleveland. The "burning river" in the jam's name is inspired by the Cuyahoga River’s most famous fire. (AP PhotoTony Dejak)

SAN FRANCISCO (AP) — The man who broke into the home of then-House Speaker Nancy Pelosi seeking to hold her hostage and bludgeoned her husband with a hammer was sentenced Friday to 30 years in prison.

But prosecutors later filed a motion saying the court failed to offer the defendant, David DePape, an opportunity “to speak or present any information to mitigate the sentence" as required by federal rule. They asked the court to reopen the sentencing portion to allow him that option. The court did not immediately respond.

A jury found DePape, 44, guilty in November of attempted kidnapping of a federal official and assault on the immediate family member of a federal official. Prosecutors had asked for a 40-year prison term.

The attack on Paul Pelosi, who was 82 at the time, was captured on police body camera video just days before the 2022 midterm elections and sent shockwaves through the political world. He suffered two head wounds including a skull fracture that was mended with plates and screws he will have for the rest of his life. His right arm and hand were also injured.

Judge Jacqueline Scott Corley sentenced DePape to 20 years for attempted kidnapping and 30 years for the assault, the maximum for both counts. The sentences will run concurrently. He also was given credit for the 18 months he has been in custody.

In its afternoon motion to the court, the U.S. attorney's office said DePape was not given the opportunity by the court to speak before being sentenced and that could present an issue.

DePape's defense, however, said they opposed bringing back their client to court and filed a notice of appeal, according to the filing. Prosecutors and defense counsel did not immediately respond to emails seeking comment late Friday.

The court has 14 days to correct a sentence resulting from error, prosecutors said.

DePape stood silently as he was sentenced and looked down at times. His public defense attorneys had asked the judge to sentence him to 14 years, pointing out that he was going through a difficult period in his life at the time of the attack, had undiagnosed mental health issues and had no prior criminal history.

At trial, DePape testified that he had planned to wear an inflatable unicorn costume and record his interrogation of the Democratic speaker, who was not at her San Francisco home at the time of the attack, to upload it online.

Ahead of the sentencing, one of his defense attorneys, Angela Chuang, told the judge to consider the prison terms being given to those who participated in the Jan. 6, 2021, attack on the Capitol.

"The five most serious sentences for people who were convicted of seditious conspiracy, of literally conspiring to overthrow the government, range from 15 to 22 years," Chuang said.

Corley said the Jan. 6 analogy didn’t adequately reflect the seriousness of breaking into an official's private home. The attack may have a chilling effect on people seeking office in the future, she said.

“They have to think not only, ‘Am I willing to take that risk myself, but am I willing to risk my spouse, my children, my grandchildren?’” the judge said.

Prosecutors asked for the maximum sentence on each count and for DePape to serve 10 years concurrently, giving him a 40-year prison term.

Before sentencing, Christine Pelosi read her father and mother's victim statements, explaining how the violent attack changed their lives. In Paul Pelosi's statement, he explained that 18 months after the attack, he still gets headaches and vertigo and has fainted and fallen twice at home.

“Once you are attacked in such a public and political manner, with such threatening language, you always have to fear a copycat,” Nancy Pelosi said in her statement. “When I encourage people, especially women to consider running for office, physical threats to the family should not even be a factor, but they are.”

Both Paul and Nancy Pelosi said there are still bloodstains on the floor and other signs of the break-in at their home.

“Our home remains a heartbreaking crime scene,” Nancy Pelosi wrote.

DePape admitted during trial testimony that he broke into the Pelosis’ home Oct. 28, 2022, intending to hold the speaker hostage and “break her kneecaps” if she lied to him. He also admitted to bludgeoning Paul Pelosi with a hammer after police showed up, saying his plan to end what he viewed as government corruption was unraveling.

Defense attorneys argued DePape was motivated by his political beliefs, not because he wanted to interfere with Nancy Pelosi’s official duties as a member of Congress, making the charges against him invalid.

Chuang, one of his attorneys, said during closing arguments that DePape was estranged from his family and was caught up in conspiracy theories.

Sky Gonzalez, David DePape’s son, told reporters outside court the 30-year prison term was equivalent to getting a death sentence.

“I think that’s quite sad. I think that’s a really long time, because if you think about it, he’s already nearly 50. Basically, it’s just a death sentence," Gonzalez said before repeating the same conspiracy theories his father wrote about before the attack.

At trial DePape, a Canadian who moved to the U.S. more than 20 years ago, testified that he believed news outlets repeatedly lied about former President Donald Trump. In rants posted on a blog and online forum that were taken down after his arrest, DePape echoed the baseless, right-wing QAnon conspiracy theory that claims a cabal of devil-worshipping pedophiles runs the U.S. government.

Prosecutors said he had rope and zip ties with him, and detectives found body cameras, a computer and a tablet.

Paul Pelosi recalled at the trial how he was awakened by a large man bursting into the bedroom and asking, “Where’s Nancy?” He said that when he responded that his wife was in Washington, DePape said he would tie him up while they waited for her.

“It was a tremendous sense of shock to recognize that somebody had broken into the house, and looking at him and looking at the hammer and the ties, I recognized that I was in serious danger, so I tried to stay as calm as possible,” Pelosi told jurors.

DePape also is charged in state court with assault with a deadly weapon, elder abuse, residential burglary and other felonies. Jury selection in that trial is expected to start Wednesday.

Sergio Lopez, acting assistant agent in charge of the FBI, speaks to reporters after the sentencing of David DePape in federal court Friday, May 17, 2024, in San Francisco. DePape was found guilty last November of attempted kidnapping of a federal official and assault on Paul Pelosi, husband of former U.S. House Speaker Nancy Pelosi. (AP Photo/Godofredo A. Vásquez)

Sergio Lopez, acting assistant agent in charge of the FBI, speaks to reporters after the sentencing of David DePape in federal court Friday, May 17, 2024, in San Francisco. DePape was found guilty last November of attempted kidnapping of a federal official and assault on Paul Pelosi, husband of former U.S. House Speaker Nancy Pelosi. (AP Photo/Godofredo A. Vásquez)

Gypsy Taub, ex-partner of David DePape, speaks to reporters after DePape's sentencing in federal court Friday, May 17, 2024, in San Francisco. He was found guilty last November of attempted kidnapping of a federal official and assault on Paul Pelosi, husband of former U.S. House Speaker Nancy Pelosi. (AP Photo/Godofredo A. Vásquez)

FILE - Paul Pelosi attends a portrait unveiling ceremony for his wife, Speaker of the House Nancy Pelosi, D-Calif., in Statuary Hall at the Capitol in Washington, Dec. 14, 2022. David DePape who was convicted last year in federal court of breaking into former House Speaker Nancy Pelosi's San Francisco home will be sentenced in federal court Friday, May 16, 2024. (AP Photo/J. Scott Applewhite, File)

FILE – David DePape is seen, Dec. 13, 2013, in Berkeley, Calif. DePape convicted of attempting to kidnap then-House Speaker Nancy Pelosi and attacking her husband with a hammer is set to be sentenced in federal court Friday, May 17, 2024. (Michael Short/San Francisco Chronicle via AP, File)

FILE - In this image taken from San Francisco Police Department body-camera video, the husband of former U.S. House Speaker Nancy Pelosi, Paul Pelosi, right, fights for control of a hammer with his assailant David DePape during a brutal attack in the couple's San Francisco home, on Oct. 28, 2022. DePape convicted of attempting to kidnap then-House Speaker Nancy Pelosi and attacking her husband with a hammer is set to be sentenced in federal court Friday, May 17, 2024. (San Francisco Police Department via AP, File)