Manslaughter charge continues against couple in El Dorado Fire

The case against a couple accused of starting the 2020 El Dorado Fire with a gender-reveal device will move forward after one of four felony counts was dropped by a Superior Court judge in San Bernardino, California.

As reported by Brian Rokos of the Southern California News Group, one of four property-damage felony charges against Refugio Manuel Jimenez Jr. and wife Angelina Renee Jimenez was dismissed; a felony involuntary manslaughter charge remains along with three felony counts of recklessly causing a fire with great bodily injury and and three felony counts of recklessly causing a fire to an inhabited structure.

El Dorado Fire
El Dorado Fire, photo by Jeff Zimmerman Sept. 5, 2020.

Attorneys for the Jimenezes argued that the fire was accidentally ignited by the smoky gender-reveal device and sought dismissal of the manslaughter charge. Rokos reported that the deputy county attorney argued that “the Jimenezes should have known better than to set off the smoky device on a 103-degree day with low humidity in a park containing extremely dry brush.”

If convicted of involuntary manslaughter, the Jimenezes could be sentenced to four years in prison. They are currently on leave from their jobs as California correctional officers.

Prior coverage in Wildfire Today of the “Narrative” and related reports on the fatality of a squad leader on the Big Bear Interagency Hotshot Crew highlighted the increasing risks and complicated processes in a comprehensive analyses. Charles ‘Charlie’ Morton died as he was scouting the fire alone on September 17, 2020 when it overran his location.

Excerpts from the reports included:

“In his September 24, 2020 testimony before Congress, John Phipps, the Forest Service’s Deputy Chief of State and Private Forestry, stated “the system is not designed for this,” to illustrate the misalignment between the design of the wildland fire system and the reality that wildland fire responders routinely experience.”

“We continue to ask our wildland fire responders to save communities that are becoming increasingly unsavable. At what point do we declare communities without any semblance of defensible space not worth the risk of trying to save under extreme fire behavior conditions?”

As Bill Gabbert wrote about the reports on their release, they were notable for their in-depth compilation of lessons as well as the suggestion “that perhaps firefighters (or forestry technicians) should be called ‘fire responders’ so they don’t ‘view fire as an enemy.’ Other than that many of their conclusions are very reasonable, even though most of them have been previously identified in various forms. But having so many of them listed in one fatality report is unique, and could be useful. Unless it just disappears into files like so many others.”

One lesson is being applied – to streamline Type 1 and Type 2 team classifications. Other lessons – such as identifying the risk of scouting and implementing tracking devices and drones – are not moving ahead as quickly.

Firefighter health and workplace initiatives featured Jan. 26

Finding time and priority for our health is key for firefighters and fire managers. This week, we offer four activities for you to pick and choose or preferably quadruple-up, starting with two online meetings on Jan. 26 that will highlight initiatives to improve firefighter working conditions.

(1) On Thursday Jan. 26, 1 pm EST, Fire Engineering and Vector Solutions will host a webinar with Chief Todd LeDuc (Ret.), Chief Strategy Officer for Life Scan Wellness Centers, and Frank Leeb, Deputy Assistant Chief with FDNY, on “The Impact of Occupational Cancer: How to Reduce Exposure & the Role of Early Detection.”

The announcement notes that “The International Agency for Research on Cancer (IARC) recently updated its classification of the firefighting occupation to Group 1, ‘carcinogenic to humans,’ after conducting a new international study that found sufficient evidence linking cancer risk to the occupation. The danger is real, but there are strategies and resources that can reduce risk, enhance survival, and support firefighters.”

(2) Later on Thursday (and on Pacific Time), the Grassroots Wildland Firefighters offer their quarterly update starting at 5:30 pm PST. Register here or find out more at their home page at www.grwff.com. This quarter’s updates will likely discuss recent legislation concerning preemptive cancer coverage in the Federal Firefighters Fairness Act and other Grassroots WFF initiatives, as well as the announcement by outgoing president Kelly Martin of the incoming board, which features Luke Mayfield – President, Riva Duncan – Vice President, Bobbie Scopa – Secretary, and Jami Egland – Treasurer. Kudos to Martin’s work with GRWFF and wishing for continued success to the new board.

(3) In related health news, this past week the U.S. Fire Administration announced the pending opening of the National Firefighter Registry. https://www.usfa.fema.gov/blog/ci-011723.html.

As the USFA notes, “By adding your information to the National Firefighter Registry (NFR), you can help researchers better understand how your work affects the risk of getting cancer and how to lower this risk. According to National Institute for Occupational Safety and Health (NIOSH) research, cancer is a leading cause of death among firefighters, and research suggests firefighters are at higher risk for certain types of cancers when compared to the general population.”

A direct link to the NIOSH NFR website is at https://www.cdc.gov/niosh/firefighters/registry.html. Initially the Registry was anticipated to open this past fall; it’s now scheduled to open this winter for confidential sharing of cancer diagnoses and work histories. As the NFR notes, “The more firefighters who sign up for the registry through its secure web portal, the more information researchers will have to learn about cancer in the fire service and how to protect firefighters from developing cancer in the line of duty.”

(4) Finally, a reminder –- there’s an opportunity to learn more of cancer and PTSD risks while adding a cancer/health donation. See our article Share a few hours for cancer awareness (and help fund our profession’s response) for more – and if you need an extra incentive, remember that the Vector-Solutions sponsored donation deadline is Jan. 31.

What a wet West Coast winter foretells for fire season 2023

The above-normal winter precipitation in California and over parts of the American West has already raised the question — even before the floodwaters have receded — of how this winter precip might either dampen the fuel beds or spawn a monster crop of fine fuels come spring and summer of 2023.

There’s a lot of winter and spring to come, and the first-of-the-month fire outlooks are 10 days out, but many are sensing that fire season in wetter locales will begin later. This delay is more likely in California, which is coping with a walloping by deep and repeated atmospheric rivers, resulting in near-record snowpack and flooding that may be familiar historically but not during the most recent drought decades.

Consider the California snowpack as of Jan. 20, 2023. Whether by graph or map, the message is clear: the snowpack is significant and snowmelt periods will likely be extended. Statewide the snowpack is at 126% of the April 1 normal, but 240% for the current water year-to-date.

Calif Statewide Snowpack years 2023-01-20
California Statewide Snowpack as of Jan. 20, 2023. https://cdec.water.ca.gov/snowapp/swcchart.action

With a focus on California’s rapid switch from drought to flood, it’s clearly a banner water year to analyze — which is too painfully clear to the many who are working through a long recovery from flood damages estimated to exceed $1 billion. As CNN reported, at one point an estimated 90% of California’s population was under some form of flood watch, which equates to 10% of the US population.

Per California Water Watch, the state is at 167% of average precipitation for this date, but storms aren’t a universal event. While the map for accumulated water year precipitation beginning Oct. 1 shows higher departure from average over most of the state, the most-intense  “purple” is being collected in the higher elevations in the central and northern mountains, and sopping the lower coastal regions that were hit full-force by the atmospheric rivers.

See California WaterWatch for regular updates.
See California WaterWatch for regular updates: https://cww.water.ca.gov

As damaging as the storms have been for so many communities, much of the West continues to feel the effects of long-term drought. A broader west-wide map of  precipitation of the past three months shows the patchiness of these bomb cyclones.

January 19, 2023 90-Day Percent Precipitation
Precipitation for the past 3 months.

Looking ahead, a range of analysis tools foretell the potential of a warm summer and the likely impacts of long-term drought returning. The five-month lead for June-July-August (JJA), from the North American Multi-Modal Ensemble (or NMME), paints a warm picture for North America, with most of the U.S. West at 70% or higher likelihood for warmer than normal temps. Which will in turn elevate the evaporation potential during growing (and curing) season.

NMME ensemble temperature forecast for JJA 2023.
NMME ensemble temperature forecast for JJA 2023. https://www.cpc.ncep.noaa.gov/products/NMME/prob/images/prob_ensemble_tmp2m_us_season5.png

The same JJA outlook indicates a potential for most of North America to receive normal summer precip (though normal is often quite dry for much of the Western regions), with wetter likelihood for Alaska and drier than normal for western and northern Canada, the Pacific Northwest, the lower Mississippi Valley into Texas and south to Mexico and Central America.

NMME ensemble precipitation for JJA 2023. https://www.cpc.ncep.noaa.gov/products/NMME/prob/images/prob_ensemble_prate_us_season5.png

How these ensemble outlooks play out will depend in part on a projected switch from La Niña to neutral or potentially El Niño conditions. And the impact of the winter’s snowpack will depend on how early and warm the spring temperatures rise. More on that potential when we look at the February outlooks.

Thanks to the Analysts … Many of these resources are digested from the outlooks and links prepared and shared by National and Geographic Area analysts. So a thanks for the work these folks do, season in and season out. This update owes much to the analysts who produced the January outlooks for Northern California and Southern California.

Two California counties sue PG&E over Mosquito Fire

A lawsuit was filed January 18 against Pacific Gas & Electric Co. by El Dorado County and Placer County seeking damages related to the 2022 Mosquito Fire, which burned almost 77,000 acres over 50 days in the Sierra Nevada foothills. The two counties, along with the El Dorado Water Agency, Georgetown Divide Public Utilities District, and Georgetown Divide Fire Protection District, filed the lawsuit in San Francisco Superior Court. The fire burned mostly on the Tahoe and El Dorado National Forests and caused evacuations of more than 11,000 people.

Mosquito Fire 09-13-22
An airtanker makes a retardant run over the Mosquito Fire after it jumped the American River and headed north toward Foresthill, California.   09-13-22 Inciweb photo.

The suit alleges that PG&E’s equipment caused the fire, which started on September 6 near the community of Foresthill, according to a report by CBS News.

“The lawsuit seeks to hold PG&E accountable and to help our community rebuild after this devastating fire,” said El Dorado County counsel David Livingston. The Mosquito Fire started near the Oxbow Reservoir at the Middle Fork American River, according to the Sacramento Bee, and it destroyed 78 structures, including dozens of homes in the Placer County community of Michigan Bluff and the El Dorado County town of Volcanoville. It was not contained till October 27.

Mosquito Fire Day #2
Extreme fire behavior on the second day produces a large column of smoke visible from Foresthill, California.
09-08-22 Inciweb photo

The county filed the lawsuit one day before PG&E officials were scheduled to appear in Shasta County Superior Court for a criminal case related to the 2020 Zogg Fire, which killed four people and which Cal Fire investigators have blamed on PG&E equipment. Shasta County prosecutors charged PG&E with four counts of involuntary manslaughter; the utility company in June pleaded not guilty.

The Mosquito Fire lawsuit follows a legal settlement earlier this week in which 10 public entities agreed to $24 million from PG&E for damages caused by the 2021 Dixie Fire, which started July 13 and burned over 963,300 acres across Plumas, Lassen, Butte, Shasta, and Tehama counties. Plaintiffs include the five counties, along with the City of Susanville, Plumas District Hospital, Chester Public Utility District, Honey Lake Valley Recreation Authority, and Herlong Public Utility District.

“Local government across the five affected counties came together to recover these significant funds to reimburse public and natural resources lost in the fire,” Gretchen Stuhr with Plumas County told The Plumas News. “The allocated portion of the settlement proceeds will in no way make the entities whole following the devastation caused by the Dixie and Fly Fires but will assist the County in its recovery.”

 

Bill Gabbert’s death announced by his family

We are saddened to share that Bill Gabbert, founder of Wildfire Today/Fire Aviation and a friend and colleague to so many in our profession, passed away last night. His family shared that Bill  died peacefully in his sleep yesterday evening in Senatobia, Miss.

Our thoughts are with Bill’s family. We will share more on Bill’s life in the days ahead.