DNA analysis of a tree leads to sentence of 20 months in prison for timber theft

The jury did not convict the defendant of starting the 3,300-acre Maple Fire in the Olympic National Forest

Maple Fire Olympic National Forest
Maple Fire, Olympic National Forest, Washington, 2018. IMT photo.

The lead defendant in a scheme to unlawfully harvest maple trees from the Olympic National Forest that resulted in the 3,300-acre Maple Fire in 2018 was sentenced November 8 to 20 months in prison. Justin Andrew Wilke, 39, was convicted in July 2021 of conspiracy, theft of public property, depredation of public property, trafficking in unlawfully harvested timber, and attempting to traffic in unlawfully harvested timber.

Maple trees are so valuable and prized by woodworkers, especially those who manufacture musical instruments, that it is a violation of the law in Washington to transport the wood without a state-issued specialized forest products permit. Armed with a permit that authorized the harvesting of maples from private land, Justin Andrew Wilke and Shawn Edward (Thor) Williams and others camped for several days in the Olympic National Forest scouting for big leaf maple trees with the highly desired figured wood pattern. They identified trees containing figuring by “checking” the trees, that is, using an axe to peel back the bark to expose the pattern of the wood, sometimes doing it at night to avoid detection.

When they found a tree they liked they would fell it with a chain saw, buck it up, and transport the wood to a mill in Tumwater, Washington, presenting the permit and saying it had been harvested with permission from private property. According to the federal grand jury indictment, Wilke and/or Williams made more than 20 trips to the mill between April and August of 2018, collecting more than $13,000 by selling illegally harvested National Forest timber.

This prosecution was the first use of tree DNA evidence in a federal criminal trial. At the trial, a Research Geneticist for the USDA Forest Service testified that the wood Wilke sold was a genetic match to the remains of three poached maple trees investigators had discovered in the Elk Lake area. The DNA analysis was so precise that it found the probability of the match being coincidental was approximately one in one undecillion (one followed by 36 zeroes). Based on this evidence, the jury concluded that the wood Wilke sold the mill had been stolen. The DNA evidence also concluded that Wilke had unlawfully harvested and sold wood from seven additional maple trees – but the precise locations of those trees have not been determined.

Maple Fire Olympic National Forest
Maple Fire, Olympic National Forest, Washington, 2018. IMT photo.

On August 3, 2018, Wilke led a group of two other individuals in deciding to cut a maple tree that contained a wasp’s nest near the base of the tree. To remove the nest, the group sprayed insecticide and likely gasoline on the nest and then lit the nest on fire. The group failed to extinguish the fire, which developed into the Maple Fire which cost approximately $4.2 million to suppress.  The other two members of the poaching group testified at trial that Wilke was standing next to the nest when it was lit on fire, and therefore appeared to have set the fire. However, because the fire was set at night, they were not able to see his exact actions, and testified that they did not know exactly how the fire started. The jury did not convict Wilke of the two federal counts related to the forest fire: setting timber afire and using fire in furtherance of a felony. The jury did convict Wilke of attempting to cut down the tree where the fire was set on the night of the fire.

Prosecutors recommended a 36-month sentence, noting that Wilke led the three-person tree-poaching ring that indisputably started the fire, and that Wilke likely set the fire himself based on the testimony at trial. At sentencing, Judge Benjamin H. Settle concluded that the evidence was clear and convincing that Wilke was present when the fire was set, that a member of Wilke’s poaching crew set the fire, and that Wilke more likely than not personally set or directed one of his crew to set the fire. But Judge Settle noted that Wilke had made positive strides while on pretrial release, and that prison time is more difficult during the COVID pandemic. Judge Settle therefore imposed the 20-month sentence.

Wilke was also ordered to forfeit the proceeds of his illegal poaching. He will be required to pay restitution to the United States Forest Service. The exact amount will be determined at a later hearing.

Maple Fire Olympic National Forest
Maple Fire, Olympic National Forest, Washington, 2018. IMT photo.

Thanks and a tip of the hat go out to Greg.

Timber thieves foiled by bees ignite 3,300-acre fire

Maple Fire Olympic National Forest
Maple Fire, Olympic National Forest, Washington, August 2018. IMT photo.

Maple trees are so valuable and prized by woodworkers, especially those who manufacture musical instruments, that it is a violation of the law in Washington to transport the wood without a state-issued specialized forest products permit. Armed with a permit that authorized the harvesting of maples from private land, Justin Andrew Wilke and Shawn Edward (Thor) Williams and others camped for several days in the Olympic National Forest scouting for big leaf maple trees with the highly desired figured wood pattern. They identified trees containing figuring by “checking” the trees, that is, using an axe to peel back the bark to expose the pattern of the wood, sometimes doing it at night to avoid detection.

When they found a tree they liked they would fell it with a chain saw, buck it up, and transport the wood to a mill in Tumwater, Washington, presenting the permit and saying it had been harvested with permission from private property. According to the federal grand jury indictment, Wilke and/or Williams made more than 20 trips to the mill between April and August of 2018, collecting more than $13,000 by selling illegally harvested National Forest timber.

The theft was going fine for the two men until they ran into a problem on August 3, 2018 near the Elk Lake Lower Trailhead. Their latest target contained a bee’s nest that made it difficult or impossible to fell the tree. Spraying wasp killer was not effective, so they agreed that Mr. Wilke’s plan to burn them out with gasoline was the next step.

The indictment does not specify if the fire got rid of the bees, but the men were not able to put it out with water bottles. The fire, named “Maple”, ultimately burned 3,300 acres.

Maple Fire Olympic National Forest
Maple Fire, Olympic National Forest, Washington, August 2018. IMT photo.

When a U.S. Forest Service Law Enforcement Officer questioned Mr. Wilke on August 4 about the fire and his timber-poaching activity, he told the officer that he had not been cutting timber, did not have a chain saw, and knew nothing about the fire. It turned out that he had concealed his saw to hide it from investigators.

Mr. Wilke and Mr. Williams were charged with multiple felonies related to timber theft and starting the fire. Mr. Williams had previously been in trouble with authorities in Florida for firearms violations.

From the Washington Post, October 1, 2019:

A spokesperson with the U.S. attorney’s office told The Washington Post that Wilke pleaded not guilty during a court appearance on Monday and remains detained. His trial will begin in December. Williams is in state custody in California and will be transported to Washington state to be arraigned, the spokesperson said.

Maple Fire Olympic National Forest
Maple Fire, Olympic National Forest, Washington, August 2018. IMT photo.
Maple Fire Olympic National Forest
Maple Fire, Olympic National Forest, Washington, August 2018. IMT photo.

Thanks and a tip of the hat go out to Tom. Typos or errors, report them HERE.

Progression maps for 5 currently active fires

At least five very large fires are currently active in the United States:

  • Gap in northern California,
  • Pioneer in central Idaho,
  • Maple in Yellowstone National Park,
  • Soberanes on the central coast of California, and,
  • Beaver Creek in northern Colorado and southern Wyoming.

Below we have progression maps of these fires (in that order).

We recently found out about a new website that has developed a very impressive mapping service for wildfires. It was the source of these maps. The site not only shows the locations, but in some cases for large fires it displays the perimeters — which can be animated to see the growth or progression of the fire over time. They have this information going back to 2003. It is on the EcoWest website and was created by a collaboration of the Sea to Snow company and the Bill Lance Center for the American West at Stanford University.

The perimeter data is dependent on what is made available by the agencies managing the fire, so there is not always a perimeter for every day.

You can minimize the Description box by clicking the down arrow at the top-right of the box.

(Update Sept. 22, 2020: the data from EcoWest previously posted below is no longer available.)

Yellowstone’s Maple Fire slowed by rain and cool weather

Above: Rainbow over the Maple Fire at 9:50 Monday morning, September 5, 2016, as seen from West Yellowstone, MT. Photo by Ray Mines.

Rain on Sunday and Monday accompanied by cool weather has slowed the spread of the Maple Fire that has come within three miles of West Yellowstone, Montana. Since it started on August 8 it has burned 40,443 acres just north of the west entrance road, Highway 20/191.

The small amount of rain on Sunday was followed by about 0.15″ Monday, as recorded at the weather station east of the fire at Madison Junction.

Ray Mines, who took the photo above from the Incident Command Post at West Yellowstone, said it was 34 degrees Monday morning with a wind chill of 28.

Satellites have not been able to find any large heat sources over the fires in the park for the last couple of days. There are no doubt many small ones that the sensors 200 miles overhead can’t detect. But drier weather later in the week will bring the potential for the fire to become more active.

map Maple fire
The red line was the perimeter of the Maple Fire at 9 p.m. MDT Sept 2, 2016. The white line was the perimeter on August 29.

About 200 lightning strikes occurred in the eastern part of Yellowstone Sunday, resulting in at least two new fire starts. The Petrified Fire was near the Petrified Tree west of Tower Junction in a fire suppression zone. Firefighters extinguished the single-tree fire with the help of helicopter water drops. Firefighters are monitoring the one-tenth acre Jasper Fire east of Tower Junction near Specimen Ridge.

South entrance to Yellowstone opens after being closed by the Berry Fire

The Maple Fire in Yellowstone spreads closer to West Yellowstone and Hwy. 191


The video above was uploaded Monday August 29 the day before Highway 89 opened.

The south entrance to Yellowstone National Park opened Tuesday morning after having been closed for the last week after the Berry Fire burned across U.S. Highway 89 at the north end of Jackson Lake in Grand Teton National Park.

The fire was active Monday on the northeast, south, and west sides and has burned about 13,200 acres. A large smoke column actually assisted firefighters working on the east side of the highway Monday by shading the fire on that side of the lake, slowing the spread.

Fires Yellowstone and Grand Teton National Parks
Fires in Yellowstone and Grand Teton National Parks, August 30, 2016. The green lines are the boundaries of the two parks. The white line is the Wyoming/Montana boundary.

A new fire in Yellowstone National Park is named the Central Fire, probably because it is in the center of the park. It is 9 miles west of the Lake developed area and 2 miles south of Hayden Valley. The fire is just northwest of the 2015 Spruce fire which is expected to block the fire’s growth to the east. Currently it is burning in mature lodgepole pine.

The Maple Fire has spread considerably over the last several days and is within about 2 miles of Highway 191 north of West Yellowstone, Montana, and about 3.5 miles from the community. It has crossed from Wyoming into Montana and on the south side is burning along the Madison River very close to the West Entrance Road (Highway 20). It has reached the east side of the Boundary Fire that spread on its west side to within a quarter mile of Highway 191.

The staff at Yellowstone wants visitors to know that all entrances and roads within the park are open. Visitor facilities and businesses in the park and surrounding communities are not impacted by the fires and remain open.

The Buffalo Fire is in the north-central part of Yellowstone about 2 miles north of the Northeast Entrance Road (Highway 212). The fire has burned about 4,000 acres, a few of which may be just across the state line in Montana.


Above: the Maple Fire burns along the Madison River in Yellowstone National Park August 29, 2016. Video by Jeremy Weber of the West Yellowstone News.

South entrance to Yellowstone still closed by Berry Fire

The Berry Fire in Grand Teton National Park continues to spread to the east and south.

Above: Berry fire, as seen from Leeks Marina. Undated/uncredited InciWeb photo.

The National Park Service said Saturday morning that US Highway 89 and the south entrance into Yellowstone National Park will be continue to be closed through this weekend. On Saturday even firefighter traffic was limited through the area due to fire activity and hazards from falling trees.

During the previous two days a moist air mass brought higher humidities to the fire area, and even a very small amount of rain fell in locations to the east. That changes today, Saturday, with a Red Flag Warning which covers much of Wyoming, introducing higher temperatures and lower humidities.

3-D map of the Berry Fire
3-D map of the Berry Fire. Data from 1 a.m. MDT August 27, 2016. Click to enlarge.

Since Tuesday the fire has grown along most of the perimeter, especially on the north, east, and south sides, and now covers 12,378 acres according to the NPS. From east to west it is 7 miles wide and it stretches for almost 4 miles along the west shore of Jackson Lake.

The National Park Service is not aggressively suppressing the fire, but is managing it for ecological benefits.

Resources assigned to the Berry Fire include 351 personnel, 6 hand crews, 18 engines, and 5 helicopters.

Berry Fire
Filling an engine from a lake on the Berry Fire. Undated/uncredited InciWeb photo.

Both Yellowstone and Grand Teton National Parks are open for visitors, but anyone planning to enter Yellowstone from the south on US Highway 89 will have to take a very lengthy detour. All other entrances into Yellowstone are open, as are all of the roads in that park.

Yellowstone’s 30,309-acre Maple Fire a few miles east of West Yellowstone, Montana, has not crossed US Highway 20, also known as the West Entrance Road. There are at least two other significant fires in Yellowstone, the 3,024-acre Buffalo Fire near the north boundary, and the 1,922-acre Fawn Fire in the northwest corner. These fires are not impacting visitors except for the smoke being created that degrades visibility of the beautiful landscape.

map Fires in Yellowstone and Grand Teton National Parks
Fires in Yellowstone and Grand Teton National Parks, August. 27, 2016. Click to enlarge.

Our other articles on these fires in Yellowstone and Grand Teton National Parks.