Man found guilty of starting Old fire and murdering 5 people who had heart attacks

Rickie Lee Fowler
Rickie Lee Fowler

On Wednesday a jury found Rickie Lee Fowler, 30, guilty of starting the Old fire near San Bernardino, California. The 2003 fire burned 91,000 acres, destroyed 1,003 homes, and is linked to at least five heart attack deaths. In addition to the arson charge, he was convicted of murdering the five people who died of heart attacks after their homes burned or while they evacuated during the fire.

The State employed the same principle used when prosecutors in neighboring Riverside County won a death penalty conviction against Raymond Lee Oyler, an auto mechanic who set the 2006 Esperanza wildfire that killed five federal firefighters. Oyler is believed to be the first person in the U.S. to be convicted of first-degree murder and sentenced to death in a wildland arson case.

Mr. Fowler was convicted of two counts of arson, along with special circumstances that make him eligible for the death penalty. The penalty phase of the trial will begin Monday.

Before the trial Mr. Fowler said he and three men in a van had intended to rob John Aylward, a person he identified as his godfather, but realized they were too drunk or stoned to pull it off. Instead, they decided to start a fire, as one person testified before a grand jury, “to burn John’s house down”.

In an interview with investigators, Mr. Fowler said he struck the flare and threw it into the vegetation, but corrected himself and said one of the other men in the van struck the flare. In a later interview, he said he intended to strike and throw the flare, but Martin Valdez Jr. took it from him, struck it, and threw it into the brush.

While in prison before the trial, Mr. Fowler was convicted of sodomizing another jail inmate and sentenced to three 25-years-to-life prison terms.

Reaction to al Qaeda forest fire arson threat

Wildfire Today reported on May 2 that a magazine published by members of al Qaeda has called for Western Muslims to wage war within the United States, urging them to engage in lone wolf attacks, including setting forest fires. The article gave detailed instructions on how to build an “ember bomb” in order to set wildfires in the United States and Australia, and specifically suggested Montana as a choice location. The magazine article led the national news programs for a couple of days. Here are some of the reactions that have surfaced in response.

Dr. Anthony Bergin of the Australian Strategic Policy Institute:

…But [Dr. Bergin] said Australian authorities had recently adopted more sophisticated approaches to firefighting, including surveillance and land clearing measures.

The article provides specific examples and statistics of devastating bushfires in NSW and Queensland. It does not mention the Black Saturday fires in Victoria in 2009.

The article talks up the devastation caused by fires and provides details about the best times of the year to start a fire in different parts of Australia.

The article says of past fires in Australia: ”These fires ruined the dry before the green, exhausted lives and properties, wiped out a lot of farms and houses, destroyed thousands of trees that are used in manufacturing and created an atmosphere of terror and panic.”

Montana’s Missoulian:

An al-Qaida threat to burn Western Montana’s forests hasn’t had the intended effect on Darby Marshal Larry Rose.

When the terrorist organization’s English-language magazine recently advised its readers to use forest fires to destabilize the United States, it used the fires of 2000 as an example — and said Western Montana was the ideal location for such an attack.

Specifically it recalled how in August 2000, “wildfires extended on the sides of a valley, south of Darby town. Six separated fires started and then met to form a massive fire that burnt down tens of houses.”

The magazine suggested using “ember bombs” to ignite forests, providing instructions for building trigger mechanisms and advice about the best weather conditions to promote big burns.

“My comment is the forests are pretty much all burnt up,” Rose said on Friday. “What more would they burn here?”

The fires of 2000 burned nearly 400,000 acres of the Bitterroot Valley, including much of the hillsides around Darby. Most were started by lightning during an extremely dry summer.

The idea that jihadist infiltrators might build upon their 9/11 World Trade Center destruction by torching trees hadn’t sparked much coffee-counter conversation, Rose said. It also hadn’t produced any alerts from the Department of Homeland Security for heightened vigilance.

The U.S. Forest Service:

The U.S. Department of Agriculture, including the U.S Forest Service, works closely with its partners within the intelligence community, including both the Department of Homeland Security and the Department of Justice on any terrorist threats, including threats of this nature,” said Forest Service spokesman Brandan Schulze. “We are asking Forest Service employees, law enforcement and the general public to continue to be vigilant for any signs of wildfires, and to report unusual circumstances or situations that seem out of the ordinary for outdoor recreation on all public lands.

A video from ABC News:

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Thanks go out to Chris and Dick

Al Qaeda magazine encourages forest fire arson in the US

(Originally published May 2, 2012)

A magazine published by members of al Qaeda has called for Western Muslims to wage war within the United States, urging them to engage in lone wolf attacks, including setting forest fires. According to ABC News, a recent issue of Inspire magazine has surfaced on jihadi forums with one article titled “It Is of Your Freedom to Ignite a Firebomb”, which gives detailed instructions on how to build an “ember bomb” in a forest in the United States, and suggested Montana as a choice location due to the rapid population growth in forested areas.

In America, there are more houses built in the [countryside] than in the cities. It is difficult to choose a better place [than] in the valleys of Montana.

A previous issue of the magazine contained information on how to construct remote-controlled explosives, and helpfully listed the needed parts along with instructions and photos.

ABC News has been calling around today to find a wildfire expert who can be interviewed on camera for a piece they expect to be on Wednesday’s Good Morning America. One person they called was Dick Mangan, a past President of the International Association of Wildland Fire (IAWF), but ABC was not able to work out the logistics of quickly getting a camera crew to his house in Montana. The last we heard they found someone in the Sacramento area who works for CAL FIRE.

It’s odd, or maybe that is why ABC contacted Dick, because he wrote an article for the March/April 2005 issue of Wildfire, a magazine published by the IAWF, titled *Terrorists in the Woods, about the potential for terrorists to set vegetation fires in wildland areas. In the article he mentioned that police and structural fire departments receive funding for the possibility of terror-related incidents, but the land management agencies receive little or nothing to plan for or prevent threats such as these.

(*UPDATE December 23, 2017: The link to the article in the March/April 2005 issue of Wildfire Magazine no longer works, but we found a copy of it and added the entire piece below.)


From the President’s Desk
Dick Mangan
President, International Association of Wildland Fire

Terrorists in the Woods

Ever since September 11, 2001 the focus of much of the world has been fixated on the issue of Terrorism! The tragic deaths of thousands of Americans in New York, Pennsylvania and Washington DC, coupled with hundreds of deaths in Spain and Bali at the hands of terrorists has led to war in Iraq and Afghanistan, creation of the US Department of Homeland Security, and the expenditure of billions of dollars (that’s billions with a capital “B”) to improve security and reduce the risks from terrorists and their Weapons of Mass Destruction (WMD).

The massive increases in the US budget for protection from terrorism has been mostly sent to Police and Structural Fire Departments. But, wait: what about the threat of terrorist-caused wildland fires in our forests, community watersheds and wildland-urban interface? Who’s worried about that threat, what are they doing about it, and how much is being spent to fund the efforts to prevent it?

The history of fire being used as a tool of warfare is well documented: Native Americans used fire against their enemies, both other tribes and against the expanding European whites; the Aboriginal people of Australia also used fire to discourage the incursion of the British settlers onto their island.

In World War II, the Japanese launched “fire balloons” against the western US, and while largely unsuccessful, did start a few fires, and killed 6 citizens in Oregon. The Palestinians in the latter half of the 20th century used fire to try and destroy the carefully planted pine plantations in Israel.

Now, in the beginning years of the 21st century, more and more folks are moving into the wildland-urban interface. Even under the best of conditions, when a single ignition occurs under critical fire conditions, hundreds and thousands of citizens are threatened with entrapment, injury or death from rapidly spreading fires. Imagine if a small band of determined terrorists, with only some basic fire weather and fire behavior training like we teach in S-190, decided to set multiple ignitions in some our most vulnerable areas, like heavily populated valley bottoms with limited egress/access and a heavy, dry fuel loading at the peak of the burning period?

There are many such areas around the world, in the foothills of Andalusia in Spain; outside of Sydney and Melbourne, Australia; and in numerous areas of the US from Florida to the Pine Barrens of New York, to the foothills surrounding Los Angeles. Even my own home town of Missoula, Montana has areas that fit all the above criteria, and is surely at risk under the wrong combination of weather conditions and a committed terrorist with fire on his mind. And any of us who have traveled to areas like Red Bird, Kentucky in the fall season when the “woods-burners” are out in force have an appreciation of “domestic terrorism” at work, often successfully!

The real question that lingers for fire managers at risk from terrorists is what are you planning to do to prevent terrorist-ignited wildfires that are intended to destroy resources, kill innocent civilians, and disrupt normal life? And, are you prepared to deal with multiple terrorist-ignited wildfires under the worst possible conditions? And for our legislators in the countries that are being targeted by terrorists, what are YOU going to do to insure that the wildland fire agencies in your areas are trained, equipped and financed to address these threats?

The clock is ticking, and its probably a matter of “when” rather than “if” such events, so where do we go from here??

U.S. Forest Service firefighter sentenced to 2 years for starting fire

A firefighter for the U.S. Forest Service on Monday accepted a plea deal to serve two years in prison for starting a wildfire while he was on duty July 25, 2010 in southern California near Rancho Cucamonga (map). A trial was scheduled to begin Monday, but Daniel Mariano Madrigal, 26, and his attorney surprised San Bernardino County Deputy District Attorney Karen Khim with an offer to plead no contest and to serve two years. After some negotiation, the two sides agreed on the deal, which will probably result in Madrigal actually serving about 9 months, according to Christopher Lee, a spokesperson for the District Attorney’s office.

Prosecutors had alleged Madrigal “willfully, unlawfully and maliciously” set fire to forest land or caused it to burn.

Before the trial, Madrigal’s attorney, Salvador Silva, contended that the fire was an accident, according to an article in the Contra Costa Times:

The defendant was working that day and had driven his truck to an area east of the dam near a water tower to make a cell phone call. A cigarette he was smoking burned him, and he tossed it, according to the defense.

Madrigal looked for the cigarette in his truck, but he couldn’t find it. When he saw that a fire had started, the defense says Madrigal went back to the station. He and a captain drove a fire engine back to the fire and put it out.

Prosecutors say the fire burned about one-tenth of an acre, but Silva said the fire was much smaller.

Suspects arraigned for starting Eagle fire

Two men have been arrested and arraigned for starting the Eagle fire that burned 14,100 acres in northeastern San Diego County in southern California. Here is an excerpt from an article in the North County Times:

Less than an hour after finding a guard shack burned to the ground in the middle of a wildfire that would soon grow to 22 square miles, firefighters found a sport utility vehicle stuck in the road. Inside the truck, they found Keystone beer cans, a gas can and a lighter, according to court documents.

The truck was registered to the father of Jeremy Ortiz, one of two men who on Friday pleaded not guilty to aggravated arson, court documents state. Jeremy Ortiz and friend Jesse Durbin are accused of starting the Eagle fire on July 21.

Ortiz, 23, a member of the Los Coyotes Band of Cahuilla Indians, was arrested Thursday in a joint law enforcement operation on charges of aggravated arson and forest land arson, authorities said.

Durbin, 23 and also a tribal member, was already in the Vista jail on a vehicle theft charge when he was arrested in connection with setting the large fire. No one was injured in the blaze.

The two men were in a Vista courtroom Friday, where they pleaded not guilty to charges related to the blaze. They are each being held in lieu of $2 million bail.

If convicted of aggravated arson, each faces 10 years to life in prison, Deputy District Attorney Terri Perez said.

When the fire grew out of control and homes were threatened, Ortiz’s family home was among the first to be evacuated, according to court documents.

 

Thanks go out to Eric

Oklahoma wildland firefighter charged with arson

 

Mike Malenski
Mike Malenski

From the Muskogee Phoenix:

An Oklahoma Forestry Service firefighter was arrested Monday in connection with a series of wildfires intentionally set in Cherokee County.

Mike Malenski, 38, was placed on administrative leave pending termination following the arrest. Malenski served seven years as a forest ranger based in Tahlequah.

Oklahoma Department of Agriculture, Food, & Forestry law enforcement officers investigated the fires after receiving calls regarding the possibility of arson. Officials said they will be presenting the case to the Cherokee County District Attorney for prosecution.

“We investigate arson and we bring those we catch to justice. It was regrettable that it was one of our own employees,” said Mark Goeller, assistant director in charge of fire operations with Oklahoma Forestry Services.

Arson is a felony punishable by up to three years imprisonment and a fine of up to $5,000.

 
Thanks Dick