CO: 3 dead on 2 fires; SEAT crashes

From the Rocky Mountain News:

Originally published 09:24 p.m., April 15, 2008
Updated 12:43 a.m., April 16, 2008

Wildfires in warm, windy weather burned into the southeast Colorado town of Ordway and on an Army post Tuesday. A firefighting pilot and two other people died.

All 1,100 residents of Ordway were told to leave, and authorities were not allowing anyone into to the city, said Chris Sorensen, acting spokesman for the Crowley County fire department.

Sorensen said the county coroner confirmed two of the deaths but did not provide any details as to how the people died or where they were found. KRDO Channel 13 in Colorado Springs reported that the two were firefighters and said they were crossing a bridge while riding in a firetruck. The bridge collapsed, trapping the two men underneath. Sorensen said he could not confirm that early this morning.

The pilot died when a crop-duster-type tanker crashed about 6:20 p.m. along Colorado 115 at mile marker 34 near Fort Carson, said Michael Fergus, a spokesman for the Federal Aviation Administration’s northwest region.

No passenger was aboard the plane. The downed aircraft and a second plane involved in the firefighting efforts flew from a base in Sterling, Fergus said.

The FAA believes that the plane was a contract service aircraft to the U.S. Forest Service, Fergus said. But a Forest Service spokesperson could not be reached late Tuesday to confirm it. Fergus said the second plane returned safely to the Sterling base.

The fire at Fort Carson had forced some evacuations late Tuesday and a shelter was set up at a special events center on base, Capt. Gregory Dorman said. The fire had burned about 9,000 acres by late Tuesday and was about 50 percent contained, officials said.

Much of the state was under a National Weather Service red flag warning, signifying high fire danger. Gov. Bill Ritter declared a state of emergency, freeing up state resources to help fight the fire. The Federal Emergency Management Agency on Tuesday night authorized the use of federal funds to help with firefighting costs.

Weather an obstacle

On the southeastern plains near Ordway, winds were gusting to 50 mph, humidity was low and temperatures reached into the 80s. Dry conditions on the plains and in some mountain valleys contrasted with deep snow at higher elevations.

Ordway, Colorado is 46 miles East of Pueblo, Colorado and 76 miles southeast of Colorado Springs.

 


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Opinions about Terry Barton, Hayman fire arsonist

In other posts, here and here, we covered the Terry Barton situation. She is the US Forest Service Fire Prevention Technician who started the 138,000 Hayman fire in Colorado in 2002. On March 27 her 12-year state sentence was thrown out by an Appeals court, leaving her with a 6-year federal sentence.

The father of one of the firefighters that died in a vehicle accident while driving to the Hayman fire wrote a letter to the editor of the Denver Post expressing his opinion that a 6-year sentence is not adequate.

An article in the Colorado Springs Gazette has a similar view.

Terry Barton re-sentenced today for starting Hayman Fire

hayman fire map
Scott C. Carter, Digital Data Services, Inc., www.digitaldataservices.com

Terry Barton was a Fire Prevention Technician for the US Forest Service when she started what became the 137,000-acre Hayman fire on the Pike National Forest in 2002.

Unless there are further legal proceedings, it appears that she will be out of prison in June.

From the Colorado Springs Gazette:

“Terry Barton, who set the worst fire in Colorado history, was re-sentenced to 15 years probation and 1,500 hours of community service today by 4th Judicial District Judge Thomas Kennedy.

Her first sentence on a state arson charge – 12 years in prison – was tossed out by the Colorado Court of Appeals in 2004 because of issues with the way the original judge handled her case.

Barton is in a prison in Texas, serving out the remainder of a six-year sentence on federal charges for starting the Hayman fire. She’s scheduled to be released from prison in June, according to her attorney.

Once she’s released, she’ll have to check in with 4th Judicial District probation officials. Her new sentence on the state charge will be retroactive to 2003, meaning she’ll be on the hook for community service hours and probation check-ins until 2018.

In June 2002, Barton – a U.S. Forest Service employee – reported that a fire started in a campground northwest of Lake George. About a week later, she was arrested after admitting she accidentally started the fire by burning a letter from her estranged husband.

The fire burned 137,000 acres in the Pike National Forest and destroyed 133 homes.”
Earlier we covered other developments in this case.

UPDATE: March 28

In yesterdays’ court proceedings, district judge Thomas Kennedy ordered Barton to pay restitution — estimated to be at least $30 million — on top of the $14.6 million in restitution that is part of her six-year federal sentence.

More from the Denver Post today:

Barton, who began serving her federal sentence in 2003, is due to be released in June from prison in Texas. She must report to the El Paso County probation office within a week after leaving federal custody.

Barton’s 12-year state prison sentence was overturned in 2004 by the Colorado Court of Appeals.

The appeals court found the judge failed to disclose that the Hayman fire forced him to evacuate and that he doubled the presumptive range of her sentence inappropriately because only a jury could find aggravating factors.

Prosecutors then argued that Barton’s appeal of her sentence violated the terms of the plea agreement, which allowed them to withdraw it.

In January, the Colorado Supreme Court ruled they could not withdraw from the agreement.

It said Barton would face only one count in one county, would serve any state sentence concurrently with the federal sentence, and she could not appeal any state sentence.

Newsome said the amount of restitution must be determined within 90 days, saying, “It will be at least $30 million.”

While the DAs understand the amount may never be paid, Newsome said state law requires a judge to impose restitution for actual losses and ensures victims’ right to pursue civil judgments.

 

Farmer dies on a fire in Colorado

From 7 News in Denver, March 26:

ORCHARD, Colo. — A farmer trying to control a fire on his property died Wednesday afternoon when the tractor he was driving flipped into an irrigation ditch.

Morgan County Sheriff Jim Crone said the man was driving his tractor on top of a ditch to get ahead of the fire when the ground shifted or partially collapsed, causing the tractor to flip and roll on top of the farmer. The farmer was killed instantly.

The man, who has not been identified, called for the fire department before his tractor flipped at 2:30 p.m. Deputies believe he was burning brush near the irrigation ditch and it got out of control.

About 100 acres were burned by the brush fire, located northwest of the town of Orchard, Colo.

USFS Employee Convicted of Starting Fire May Be Released From Prison Early


In 2003, Terry Barton, a U.S. Forest Service Fire Prevention Technician, was convicted of starting the 2002 Hayman fire on the front range of Colorado. She was sentenced to 12 years in prison by the state and 6 years by a federal court. In an appeal, the 12 year sentence was thrown out. Since she has already served 5 years, she could be released in a year. But it’s not over yet. There is another hearing scheduled for February 11 when there could be another change related to the state sentence. Barton’s attorneys are arguing that the state judge’s sentencing decision, double the standard sentence, was affected by the fact that he voluntarily evacuated during the fire.

The Hayman fire burned 138,000 acres and 133 homes; 8,000 people were evacuated. Aside from prison, Barton also was ordered to pay $42.2 million in state and federal restitution.