Burn boss in court today

From: Buchanan, Jacqueline – FS, CO
<jacqueline.buchanan@usda.gov>
Sent: Thursday, February 15, 2024 8:40 AM
To: Region 6 FS employees
Subject: Malheur Situation Update 2/15/2024

Good Morning R6 Team,
Like so many of you, thoughts around the upcoming arraignment and what it means for Rick and his family have been at the forefront of my thoughts. I know this can be an anxious time, but I am hopeful that this case will ultimately be handled fairly by the courts and will not single out a federal employee for carrying out their official duties.

Based on a request from Rick’s lawyers, the arraignment date has been changed from March 4th to tomorrow, February 16th. The proceeding will be held virtually. We have not been made aware of opportunities for agency representatives or those wanting to show up in support of Rick to attend.

Rick’s attorney, provided through the Department of Justice, and Regional and Washington Office leadership will be with him every step of the way during the arraignment and in navigating whatever follows. Although we do not yet know what the outcome will be, our support will not waiver no matter how long the road to resolution may be.

Anyone wanting to express their support for Rick is welcome to send cards and tokens of solidarity to:
Attn: Rick Snodgrass
Prairie City Ranger District
327 SW Front St
Prairie City, OR 97869

We will continue to provide updates as events unfold. Thank you for all that you do and for your unparalleled dedication to each other in carrying out the agency’s mission.

Jacqueline A. Buchanan
Regional Forester
Forest Service Pacific Northwest Region
(575)644-9678
jacqueline.buchanan@usda.gov
1220 SW 3rd Avenue
Portland, OR 97204

El Dorado Fire couple finally sentenced

The couple who ignited the huge 2020 El Dorado Fire in San Bernardino County, California by exploding a pyrotechnic device during a “gender-reveal party” was sentenced Friday after reaching a plea deal with prosecutors, according to a report by the Los Angeles Times.

Charlie Morton, Big Bear Hotshots
Charlie Morton, Big Bear Hotshots

The couple accidentally started the 22,000-acre fire on a scorching hot day in a park in southern California with a device that was supposed to blow either blue or pink smoke. The fire killed USFS firefighter Charlie Morton, a squad boss with the Big Bear Hotshots, injured two other firefighters and 13 civilians, destroyed five homes, and forced hundreds of people to evacuate ahead of the fire.

The San Bernardino County district attorney’s office said Refugio Manuel Jimenez Jr. was sentenced to a year in county jail and two years of felony probation, plus community service — after he pleaded guilty to felony involuntary manslaughter (in Morton’s death) plus two felony counts of recklessly causing fire to an inhabited structure.

USA Today reported that besides jail time, Jimenez will owe 200 hours of community service and will also serve two years of felony probation.

“Resolving the case was never going to be a win,” San Bernardino County district attorney Jason Anderson said. “The Defendants’ reckless conduct had tremendous impact on land, properties, emergency response resources, and the displacement of entire communities — and resulted in the tragic death of Forest Service Wildland Firefighter Charles Morton.”

Angelina Jimenez pleaded guilty to three misdemeanor counts of recklessly causing a fire to another’s property; she was sentenced to a year’s probation and community service. The Jimenezes were ordered to pay victim  restitution of $1,789,972.

Charlie Morton hired on with the San Bernardino National Forest in 2007 and worked on both the Front Country and Mountaintop Ranger Districts, for the Mill Creek Interagency Hotshots, Engine 31, Engine 19, and the Big Bear Interagency Hotshots. “Charlie is survived by his wife and daughter, his parents, two brothers, cousins, and friends,” wrote his family at that time. “He’s loved and will be missed. May he rest easy in heaven.”

A note from the Chief’s Office at the time said, “The loss of an employee in the line of duty is one of the hardest things we face in our Forest Service family. Our hearts go out to Charlie’s coworkers, friends and loved ones. Charlie was a well-respected firefighter and leader who was always there for his squad and his crew at the toughest times.”

RIP Charlie and all his brothers.

The couple who ignited the huge 2020 El Dorado Fire in San Bernardino County, California by exploding a pyrotechnic device during a “gender-reveal party” was sentenced Friday after reaching a plea deal with prosecutors, according to a report by the Los Angeles Times.

Charlie Morton, Big Bear Hotshots
The couple accidentally started the 22,000-acre fire on a scorching hot day in a park in southern California with a device that was supposed to blow either blue or pink smoke. The fire killed USFS firefighter Charlie Morton, a squad boss with the Big Bear Hotshots,

Burn boss indicted by grand jury

The Blue Mountain Eagle in John Day, Oregon reports that Grant County Sheriff Todd McKinley, arrested Ricky Snodgrass, a USFS employee and prescribed fire burn boss, on October 19, 2022, for reckless burning — while the fire he was supervising was still burning. It is the first time a Forest Service firefighter was arrested in the course of doing his job.

On the day of the burn, weather recorded at the EW3547 Seneca weather station at 2 p.m. was 73°F with 16 percent RH and mostly calm winds that occasionally gusted to 3 mph.

The planned burn, conducted by crews with the USFS and ODF and contract crews, escaped the prescription area, spotting across a road onto private property. Several acres on the adjacent ranch burned before the spot was contained. A conflict erupted with neighbors and Snodgrass called 9-1-1 to report aggressive behavior toward his crews. The sheriff arrived, met with Snodgrass, and then arrested him and drove him to the jail in handcuffs.

Firefighters who remained on the job brought the private land slopover under control in about an hour; they also maintained control of the prescribed burn on national forest land.

Grant County Sheriff Todd McKinley
Grant County Sheriff Todd McKinley

Snodgrass was driven to the county jail, where he was officially booked and then quickly released.

The Starr 6 Burn very quickly hit the news and ignited controversy — far beyond Oregon and the wildland fire community.

The story was picked up by news organizations  including the Washington Post, The GuardianNBC NewsABC NewsReuters, and others. Forest Service Chief Randy Moore quickly vowed he would “not stand idly by” after this first-ever arrest, and that he and others would defend USFS employees. The head of the NFFE union said the sheriff interfered with a federal employee in the course of his duties.

Grant County District Attorney Jim Carpenter
Grant County District Attorney Jim Carpenter

Sheriff McKinley eventually completed his investigation and presented the case to the office of Grant County D.A. Jim Carpenter for review, and on February 2, 2024, the case was finally presented to a grand jury, which returned an indictment against Ricky Snodgrass for Reckless Burning, ORS 164.335, a class A misdemeanor that carries a penalty of up to a year in jail and a  $6,250 fine.

In the State of Oregon, a person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion. Not long after Snodgrass’ arrest, Carpenter laid out what he said was the legal standard for determining whether a burn is reckless. “The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation,” he said.

Arraignment is scheduled for March 4, 2024 at 1:00 p.m.

“It is anticipated that this case will proceed through the court system like any other class A misdemeanor,” said Carpenter. “While this case remains pending, the State will have no other comment on the matter.”

For more information you can email the District Attorney’s Office in John Day at gcdastaff@grantcounty-or.gov or call (541)575-0146.  Carpenter’s press release and the Ricky Snodgrass indictment are both posted on our DOCUMENTS page.

~ Thanks and a tip of the hardhat to Geoff.


 

Ricky Snodgrass indictment
Ricky Snodgrass indictment

 

Tony Chiotti, ace reporter with the Blue Mountain Eagle in
John Day, Oregon, wrote an in-depth report after the Snodgrass
arrest, re-published on 10/26/22 by WildfireToday.

University professor admits setting fires behind Dixie Fire firefighters

A former university professor who taught criminal justice (you can’t make this stuff up) has pleaded guilty to setting fires behind firefighters on the 2021 Dixie Fire in northern California, which was at the time the second-largest fire in state history.

arsonist "Professor" Gary Maynard
Arsonist Professor Gary Maynard

Gary Maynard, 49, of San Jose was in federal court this week on three counts of arson on federal property, according to the U.S. Attorney’s Office in Sacramento. The fires that Maynard started effectively surrounded the firefighters, according to the U.S. Attorney’s Office. The Mercury News reported that the Dixie Fire burned through five counties over 963,300 acres, destroying 1,311 structures and killing one person, according to Cal Fire.

Also, Marcus Pacheco, an assistant fire engine operator for the Lassen National Forest, died of Covid while working the fire, as did two water tender operators, Jose T. Calderon and Cessar Saenz, both of San Diego County.

Maynard faces up to 20 years in a prison and a $250,000 fine for each of the three counts of arson on federal property, the U.S. Justice Department said in a press release following his plea on Thursday; sentencing is set for May.  He was charged with setting four fires — Cascade, Everitt, Ranch, and Conard — and under the plea agreement he admitted to three of the four counts.

The Dixie Fire itself was ignited when Pacific Gas & Electric powerlines came in contact with a nearby pine tree, according to Cal Fire. PG&E paid $45 million to settle the lawsuit.

At Santa Clara University and Sonoma State University, Maynard lectured in criminal justice, cults and — seriously — deviant behavior.

Gary Maynard, arsonist

USFS agents started their investigation of him and his activities back in July of 2021 after the Cascade Fire was reported on the slopes of Mt. Shasta; an investigator found Maynard underneath his black Kia Soul, which was stuck in a ditch with its undercarriage high-centered. A second fire took off on Mt. Shasta the next day, and investigators found tire tracks similar to those of the Kia. They set a tracking device under Maynard’s Kia in August, which recorded his travel  to the area where the Ranch and Conard fires started on the Lassen National Forest.

As part of his plea, Maynard also agreed Thursday to pay up to $500,000 in restitution to the federal government.

~ Thanks and a tip of the hardhat to Jim. 

Less than 70 percent of Kansas wildfires are reported. Here’s why:

Kansas’ recognition as a top fire state has long been overdue.

The state experiences at least 5,000 wildfires annually, which ranks it among the top five states for number of wildfire incidents in the country among the likes of Texas, Oregon, and Montana. Kansas is also a top prescribed burning state in acreage, with well over one million acres burned yearly, according to the Coalition of Prescribed Fire Councils.

Despite this, Kansas is far from the first state many think of when wildfires are mentioned. A large reason for this, according to Kansas Forest Service Interim Fire Management Officer Eric Ward, is that wildfires have been chronically underreported throughout the state.

“The lack of reporting has been identified for years as a problem,” Ward said. “The problem is that, unlike many states, wildfires are nearly 100 percent a local responsibility.”

Kansas fire

The Kansas Governor’s Wildfire Task Force final report of 2023 estimated  that around 30 percent of the state’s wildfires go unreported annually. Ward attributed the underreporting to two aspects of the state: the lack of federally-owned land and the state’s designation as a “Home Rule” state.

In the nation, Kansas has the third-least amount of federally owned land compared with  privately owned land, according to a 2020 Congressional Research Service report. Only 253,919 acres of Kansas’ total 52,510,720 acreage, or 0.5 percent, is federally owned. The only other states with such a low federal land ownership are Connecticut and Iowa, both at 0.3 percent.

Additionally, Kansas has been a Home Rule state since 1961 by constitutional amendment, meaning that local jurisdictions, to an extent, have greater autonomy — and state interference in local affairs is limited. Kansas is also a “Dillon’s Rule” state, meaning that local governments only have powers that are explicitly assigned to them.

Kansas fire

Because of this combination, the duty of reporting usually falls to local jurisdictions, some of which fail to file the proper paperwork.

“[Kansas Forest Service] supports local fire departments as requested on major incidents, but as a home rule state, the local jurisdiction is still in charge, and responsible for reporting,” Ward said.

“With the vast majority of departments being small volunteer departments, some simply ignore the state law that requires reporting. And no one at any level of government wants to prosecute a local volunteer fire chief for not doing paperwork. So, many simply never get reported.”

Research suggests Kansas and other wildfire-prone states are projected to have 30 more days per year of extreme wildfire risk in the near future. To meet the current and future wildfire challenges, the state appointed a new State Fire Marshal last November and released a new wildfire risk tool last October. However, until wildfires are accurately reported in the state, Kansas won’t be getting the recognition of a top wildfire state that it deserves.

Kansas’ recognition as a top fire state has long been overdue.

The state experiences at least 5,000 wildfires annually, which ranks it among the top five states for number of wildfire incidents in the country among the likes of Texas, Oregon, and Montana. Kansas is also a top prescribed burning state in acreage, with well over one million acres burned yearly, according to the Coalition of Prescribed Fire Councils.