Ellreese Daniel's trial schedule

Ellreese Daniels was the Crew Boss and Type 3 Incident Commander on the Thirtymile Fire near Winthrop, Washington in 2001 on which four members of his crew were overrun by fire and died. On January 30, 2007 the U.S. Attorney in Spokane, Washington charged him with four counts of involuntary manslaughter and seven counts of making false statements.

Now the trial schedule has been established by the court:

THIS MATTER is scheduled for trial beginning May 5, 2008 and ending July 2, 2008. Counsel shall meet with the Court in chambers at 8:30 a.m. on the first day of trial. Jury Selection will begin at 10:00 a.m. Trial will be held each day from 9:00 a.m. to 12:00 p.m. and from 1:30 p.m. to 4:30 p.m. excluding the following days: May 9, May 16, May 22, May 23, May 26, June 5, June 6, June 20, and June 23 -27.

I hope that there will be some people attending the trial as spectators who will be recognizable as firefighters. But since it appears that the trial could go on for 2 months, that’s going to be difficult to do on a continuing basis.

We covered this issue earlier, here, here, and here.

Firefighter safety bill introduced in Senate

From FireChief.com:

U.S. Senator Sherrod Brown (D-Ohio) introduced legislation that would promote compliance with consensus safety standards to reduce the number of firefighter fatalities. Sen. John Kerry (D-Mass.) is the bill’s cosponsor.

While the National Fire Protection Association and other groups have developed industry safety standards, they are voluntary and often ignored by fire departments, Brown said. Brown’s bill would encourage the adoption of national consensus firefighter-safety standards and promote fire department compliance with such standards.

“We shouldn’t have to think twice about bolstering the safety of our firefighters,” Brown said. “Our first responders put their lives at risk daily. We should take this opportunity to prevent fire fighter injury and death.”

Brown’s legislation, the Firefighter Fatality Reduction Act, would require the Department of Homeland Security to determine the rate of fire department compliance with standards for safe operations, staffing, training and fitness among career, volunteer and combination fire departments. It would create a task force to explore the adoption of safety standards by fire departments and provide recommendations to Congress, states, and localities on how to increase fire department compliance with safety standards. This bill would not mandate federal oversight of local fire departments, but instead would explore how the federal government could best promote firefighter-safety standards and assist fire departments with compliance.

Brown also is the sponsor of the Fire Fighter Higher Education Incentive Act of 2007 which would help federal, state, city, and county fire districts recruit highly educated fire fighters by forgiving student loans taken out by firefighters under the federal Perkins Loan program. All employees in fire protection would be eligible for the benefit, including fire fighters, paramedics, EMTs, rescue workers, ambulance personnel, and hazardous materials workers. Under current law, Perkins debt for teachers, nurses, military and law enforcement officers can be forgiven.

“Loan forgiveness is both well deserved and an effective recruitment tool,” Brown said.

Funeral arrangements for Gert "Jerry" Marais

Earlier we posted information (including a map) about the funeral arrangements for Gert “Jerry” Marais who was the pilot of the air tanker that crashed on the fire near Fort Carson in Colorado on April 15. Any fire personnel that wish to officially participate or who will have apparatus at the funeral should contact Fort Benton, Montana Fire Chief Pat Hultin at 622-5822 (work) or 788-0721 (cell).

Condolences can be sent to Mrs. Esme Marais, PO Box 1291, Fort Benton, MT 59422.

Photo of single engine air tanker on the Alabaugh fire, South Dakota, July 7, 2007 by Bill Gabbert.

Ventura, Calif: $99 brush clearance inspection fee

The city of Ventura, California, recently sent 1,252 homeowners who live near brush-covered areas bills for $99 . The fee, which is not a tax, city officials claim, is to cover the cost of inspections to ensure they are in compliance with weed-abatement laws. The fire marshal said this is an attempt to recover the cost of hundreds of person-hours to do the inspections.

This is the first I have heard of fees to do weed-abatement inspections.

Court of Appeals: backfire was "discretionary function"

Posted on Categories Uncategorized

On the Spade fire in 2000 in the Bitterroot Valley south of Missoula, Montana, firefighters ignited a backfire in order to keep the fire from jumping a highway and possibly entrapping firefighters on other fires and threatening other homes and property. In 2002, 114 families filed a $54 million lawsuit against the federal government claiming that the backfire burned their property and homes.

In a very important decision that will affect wildland firefighters, a Court of Appeals just affirmed a District Court judge’s opinion that the actions of the firefighters was within their “discretionary function”. More information is at The Missoulian.

Roundup of Fire News, April 22, 2008

Posted on Categories Uncategorized

Firefighter burned on wildland fire in North Dakota

From MSNBC today:

Burke County, North Dakota, authorities say a firefighter has been flown to a Minnesota burn center with injuries after battling a blaze that burned nearly 1,500 acres near Columbus.

 

The sheriff’s office says 28-year-old Mitchell Strom of Columbus suffered burns to his face and other extremities. Sheriff Barry Jager says the fire started Saturday afternoon when a man used a torch to cut a swather to fit on a trailer.

Thirty-three-year-old Cory Klitzke of Stanley was cited for violating Burke County’s burn ban. The violation carries a $500 fine. A barn and a garage were destroyed but the house on the farm was saved.

Firefighter entrapped and burned in Virginia

 

A firefighter with the Virginia Department of Forestry was badly burned on Saturday when he was overrun by a fire while operating a dozer. Steve Morris has third-degree burns and is being treated at the University of Virginia Medical Center. Two other firefighters were treated for smoke inhalation injuries.

New Mexico and Arizona wildland fires

The 4,130 acre Trigo fire, on the Cibola National Forest southeast of Albuquerque, has burned nine homes, nine outbuildings and two recreational vehicles. Evacuations have occurred around the towns of Manzano and Torreon. Containment is reported to be 27%.

The Alamo fire, 13 miles west of Nogales, Arizona, has burned 5,072 acres in the United States and Mexico; 300 acres are on the Mexico side of the border. According to a report on InciWeb:

Mexican bomberos (firefighters) from the national commission of forestry, as well as the chief of civil protection for the City of Nogales, Sonora, are working closely with an Arizona incident management team and interpreters. Officials from both countries have established a unified operations effort, which entails a joint planning process.

California teenagers plead guilty to starting wildland fire

 

Two teenagers from Julian, CA yesterday plead guilty of starting a campfire that escaped and ignited the 850-acre Angel fire in September. The fire destroyed one house and part of a church retreat. From the San Diego Union:

Francisco Javier Abarca, 19, and Mario J.W. DeLuca, 18, pleaded guilty in El Cajon Superior Court to one misdemeanor count of letting a fire escape, Deputy District Attorney Gordon Paul Davis said.

In addition, DeLuca pleaded guilty to an unrelated residential burglary charge, Davis said.

Judge Peter C. Deddeh sentenced DeLuca to three years’ probation on the fire charge, and he faces up to six years in prison on the burglary charge at a hearing May 19, Davis said.

Judge DeAnn M. Salcido placed Abarca on three years’ probation and fined him $500, Davis said.

The two also may face a $3 million bill at the May 19 hearing from Cal Fire for the costs of battling the blaze, Cal Fire Battalion Chief Jim Garrett said.

 

North Carolina wildland fire

 

An 800-acre fire in the Pisgah National Forest north of Marion in western North Carolina is 50% contained. A backfire or burnout planned could increase the size to 2,000 acres. Resources from Idaho, Arkansas, and Oklahoma are assisting on the fire.