BURN BOSS: Charge dismissed

The criminal case against Ricky Snodgrass resulting from a prescribed fire on the Malheur National Forest has ended, according to. a report by OPB, after the court dismissed the charge brought by the Grant County, Oregon District Attorney Jim Carpenter.

Todd McKinley

County Sheriff Todd McKinley arrested Snodgrass, the burn boss on the Starr 6 fire, in the midst of a dispute with adjacent landowners.

A Grant County grand jury back in February indicted Snodgrass, 41, on a misdemeanor charge of reckless burning. In part because Snodgrass and many of the firefighters he was supervising, on a federal agency operation on federal land, were federal employees, the case was moved from the rural Oregon town of John Day to federal court in Pendleton. Defense lawyers asked a judge to dismiss it and Carpenter did not oppose the motion. The judge in the case dismissed it this week.

Mr. Snodgrass was charged because the State — or more precisely, the local sheriff — took issue with the Forest Service’s decision to conduct the prescribed fire,” defense attorneys wrote last month in court documents. “But the State cannot charge Mr. Snodgrass with a crime simply because it disagrees with the Forest Service’s decision.”

The Supremacy Clause of the U.S. Constitution means that Snodgrass was  immune from prosecution.

Supremacy Clause

OPB reported that in February of 2024 front of the grand jury, McKinley testified that the arrest got “huge national exposure.”

“I don’t know if you guys want to know how many hundreds of phone calls I got over this,” McKinley testified. “Either I was a pariah, the enemy, or they’re trying to make me a hero out of it.”

👮🏼‍♂️   Seriously, McKinley, no one thinks you are a hero.


Statement issued by Grant County Sheriff Todd McKinley)

Regarding the recent dismissal in Federal Court of the arrest of the Burn Boss at the Starr 6 uncontrolled burn in Grant County Oregon on October 19th 2022, I have the following to say: 

The United States Federal Government chose to use the “Supremacy Clause” as their basis for the request of dismissal. 

My interpretation of the use of this clause is such, that the State Law was sufficient for the charges, and the only way to circumvent this was to appeal to the Federal Court. 

I am saddened that our own Government, which was established, “of the People, by the People, for the People”, would to not “do the right thing” and make the damaged party whole, for fear of assuming responsibility for their actions. 

The hope out of all of this, is in the future, that more care will be taken, guidelines followed, and the United States Forest Service will heed their own motto: “Caring for the Land and Serving People”. 

Todd McKinley 
Sheriff 

Burn boss trial moving from Grant County, Oregon to federal court

Lawyers representing Ricky Snodgrass, the burn boss who was arrested by the sheriff in Grant County, Oregon, are working to move the arresting-a-federal-employee case to U.S. District Court in Pendleton.

Snodgrass had a scheduled appearance on the first of April on the reckless burning charge that followed the local district attorney’s indictment of the burn boss during a prescribed fire on the Malheur National Forest in the fall of 2022.

The D.A. was served with a notice about moving the case to federal court, where charges will likely be immediately dropped.

Kirk Siegler, in his Morning Edition report on NPR, explained that Snodgrass’s arrest and the (much) later indictment were based on a “reckless” burning charge when a spot fire somehow ignited in dry grass across the road from a planned and approved and publicized prescribed fire — grass on the property of the Holliday Ranch, an adjacent landowner. Some of the landowner’s family members and/or friends had been driving up and down the road between the ranch and USFS property, harassing the firefighters, before Snodgrass finally called police to report the problems.

reckless burning in Oregon
[note: Though Siegler calls this a “reckless burn” charge, Ricky Snodgrass was charged with “reckless burning” by the sheriff.]

After Snodgrass phoned in the harassment and reckless driving by locals, the sheriff in John Day responded to the incident, found Snodgrass supervising the burn under way by federal and state and contract crews, and instead of citing the locals, arrested the burn boss.

Todd McKinleySheriff McKinley handcuffed him, arrested him for “reckless burning,” and drove him into town to the jail in John Day — where he was quickly released.

The burn boss arrest 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 and the agency would “not stand idly by” after this first-ever arrest, and that he and others would defend USFS employees.

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


The county D.A. Jim Carpenter in October of 2022  indicted the burn boss on a charge of so-called reckless burning. 

Sheriff McKinley eventually completed his investigation and presented the case to 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.

The head of the NFFE union said the sheriff had interfered with a federal employee in the course of his duties, and one or more of the firefighters under direction of the burn boss pointed this out to Sheriff McKinley on that day. Snodgrass was directing a federal project and supervising crews — not just USFS but also ODF and contract fire crews — on a large prescribed burn, one of a series of planned and approved and publicized burns on the Malheur National Forest.

To no one’s surprise, Sheriff Todd McKinley has declined interview requests.

Grant County officials told NPR the arrest is being overblown. “One man doing his job kind of caused the other one to have to do his,” said Scott Myers, the judge and CEO for Grant County in John Day. He claims the weather conditions that day probably weren’t favorable for a burn — despite the alignment with the specs in the burn plan — and he says the fire somehow “damaged” private property — though neigher Myers nor anyone else has actually claimed this publicly or explained what they’re talking about.

Despite the adjacent landowners’ talk, the slopover across the road blackened not quite 20 acres and was contained inside of an hour — even though the project supervisor had been removed — not by the ranchers but by the federal and/or state and/or contract crews assigned by the USFS to the RxFire.


The eastern Oregon region has a long history of mistrust of and antagonism toward the federal government. Local residents for years before that ranted about how the UN and NATO had a plot under way to take over all federal lands in eastern Oregon — somehow in cahoots, they said, with the Chinese Communist Party.

Trump won the county’s 2020 election with 76 percent of the vote. It’s a sparsely populated place, with just over 7000 people scattered over about 4500 square miles — averaging fewer than two people per square mile.

Grant and Malheur countiesGrant County has a long history of tension with federal agencies and employees, despite the large number of locals employed by federal agencies in and around John Day. It’s the same kind of tension that stormed the National Capitol on January 06, 2021 — and back in 2016 took over and occupied the Malheur National Wildlife Refuge about 100 miles south in neighboring Harney  County.

Not quite 30 years ago, county voters approved a symbolic measure “prohibiting the federal Bureau of Land Management and Forest Service from owning and managing federal lands within Grant County.”

Grant County later asked Congress to grant the county title to all federal lands — about 60 percent of the acreage in the county.

During the 41-day armed occupation in 2016 of the Malheur NWR, several militia members led by Ammon Bundy (who has since disappeared after being successfully sued for defamation by a hospital in Boise) were driving  to John Day to meet with supporters. They ran into a police roadblock, and  LaVoy Finicum was fatally shot by law enforcement.

Scott Myers, CEO -- Grant County Oregon
Scott Myers, CEO and Judge, Grant County

Grant County chief executive Scott Myers claims that  relations between the county and federal employees have since improved.

Trump "cartoon" in the Blue Mountain Eagle, John Day, Oregon
Trump “cartoon” in the Blue Mountain Eagle. Definitely NOT gun-totin’pickup-drivin’ crazy maniacs., nope.

 

 

Thanks and a tip of the hardhat to CARL for this story, but don’t bother looking for news updates from the paper in John Day, because their editor’s now “monetizing their content” behind a paywall. 

 

their

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

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.