Esperanza fire arsonist to be sentenced today

Raymond Lee Oyler. Photo: Press-Enterprise

Raymond Lee Oyler will be sentenced today to either death or life in prison without parole, the only two options available to Riverside County Superior Court Judge W. Charles Morgan.

On March 6 Oyler was convicted of 5 counts of murder and 37 counts of arson and using an arson device in southern California in 2006. One of those fires was the Esperanza fire that killed the 5-person crew of Engine 57 of the San Bernardino National Forest. The firefighters that died were Capt. Mark Loutzenhiser, 43, of Idyllwild; Jason McKay, 27, of Apple Valley; Jess McLean, 27, of Beaumont; Pablo Cerda, 23, of Fountain Valley; and Daniel Hoover-Najera, 20, of San Jacinto. The fire burned 43,000 acres and destroyed 39 homes.

During the sentencing hearing which begins this morning at 8:30 in Dept. 32 in Riverside Superior Court, about 10 relatives of the firefighters, 2 for each victim, will be allowed to speak, along with members of Oyler’s family.

If Oyler is sentenced to death, it will be automatically appealed to the state supreme court.

The Esperanza fire is not out yet

The trial of the moron who started the fire that resulted in the deaths of the crew of Engine 57 is virtually over except for the judge’s decison about accepting or not accepting the recommendation of the jury to execute Raymond Oyler.  But even more investigations will occur now, which could have significant implications for firefighters.

Here is an excerpt from the Press-Enterprise:

More than two years after flames trapped and killed five U.S. Forest Service firefighters on a Riverside County hillside, federal officials are preparing to release the findings of an investigation into what led to the deaths.

Their report, which could lead to criminal charges against firefighters or command officials who battled the Esperanza Fire, comes on the heels of the conviction of Raymond Lee Oyler, the arsonist now facing the death penalty for setting the blaze.

In congressional testimony last week, U.S. Agriculture Department Inspector General Phyllis Fong, whose office conducted the investigation, said she expects to issue the report by the end of the month.

The investigation has focused on the actions and decisions made by fire personnel as they attacked the swirling 43,000-acre blaze near Cabazon in October of 2006. The crew of Forest Service Engine 57 arrived at the fire in support of Cal Fire, the lead agency on the fire. Ninety-foot flames overran the crew as they fought to save a lone, unoccupied home in the small community of Twin Pines.

Forest Service and Cal Fire officials declined to comment on the report before its release. Two previous federal investigations — one conducted jointly by the Forest Service and Cal Fire, the other by the Occupational Safety and Health Administration — questioned firefighters’ decision to stay and fight the flames.

Firefighter union officials said they hoped the new findings would focus on preventing a repeat of the tragedy rather than placing blame.

“There’s still that concern that someone is going to get drug through the dirt,” said Casey Judd, manager for the Federal Wildland Fire Service Association. “If we’re going to learn something, that’s great. If we’re going to try to find someone to blame, it’s not so great.”

The probe was required by a 2002 law (editor: PL 107-203) mandating the office investigate deaths of federal firefighters who are killed in burnovers or entrapments. Similar investigations led to charges against two fire commanders in the deaths of federal firefighters in Washington State and Idaho.

The law was created after the 2001 Thirtymile Fire, which killed four firefighters in Washington. U.S. Forest Service supervisor Ellreese N. Daniels was indicted on charges of involuntary manslaughter and lying to investigators.

Thanks Dick

Jury recommends death in Esperanza fire trial

Wednesday afternoon the jury in the trial of Raymond Lee Oyler recommended that he be put to death. The judge set the formal sentencing date for June 5.

Oyler was found guilty on 42 counts of first degree murder and arson, including setting the October 26, 2006, Esperanza fire which burned 41,000 acres near Cabazon, California and resulted in the deaths of the five-person crew of Engine 57 from the San Bernardino National Forest. Killed were Capt. Mark Allen Loutzenhiser, 43, Jason Robert McKay, 27, Jess Edward McLean, 27, Daniel Hoover-Najera, 20, and Pablo Cerda, 24.

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UPDATE November 12, 2013:

Esperanza Fire Factual Report, and the USDA Office of Inspector General’s Report on the fire.

 

Esperanza fire trial, March 11 update

Today will be the second day of the penalty hearing to determine if Raymond Oyler will receive the death penalty or prison time for setting the Esperanza fire which resulted in the deaths of five firefighters from the U.S. Forest Service in southern California in 2006.

As Wildfire Today reported yesterday, the proceedings on Tuesday were halted after a request from Oyler’s attorneys for a psychological evaluation of their client which was prompted by Oyler’s odd behavior. The judge ordered that the results of the doctor’s exam be presented Wednesday at 9:30 a.m. The jury will return at 1:30 p.m.

Here is an excerpt from an article in the Press-Enterprise about Tuesday’s court proceedings:

Oyler’s lead counsel, Mark McDonald, said Oyler’s behavior was “new since yesterday,” and that he had not seen any evidence of mental deficiency or defect in Oyler in the more than two years he has been working with him.

“It’s a distraction to me,” McDonald said of Oyler’s behavior. “Whether voluntarily or involuntarily, he is hurting his own cause in front of this jury.”

Oyler takes seven medications to treat high blood pressure, depression, stomach upset and tremors, Morgan said in court. Oyler began behaving oddly Monday and it continued Tuesday, with the defendant audibly muttering to himself. His head and shoulders moved suddenly from time to time.

Thomas K. Eckhardt, the defense lawyer who sits next to Oyler, asked for an in-chambers conference to discuss a “medical issue” before the jurors returned from their mid-morning break. After the closed meeting, Morgan called the jurors in and dismissed them for the rest of the day.

Oyler, 38, was convicted Friday of five counts of murder and all but three of the 40 arson-related counts against him. Jurors began hearing the penalty phase Tuesday. They can recommend a sentence of either death or life without parole. Two weeks of testimony are expected.

U.S. Forest Service battalion chiefs Christopher Fogle and Richard Gearhart recalled the scene on Oct. 26, 2006, when the Esperanza Fire swept over the five men of Engine 57 in the San Jacinto Mountains community of Twin Pines.

They recounted witnessing the burn-over, the desperate effort to reach Engine 57 by radio and efforts by them and others to reach the burn area by engine or by foot.

They talked about the horror of finding the badly burned men, of having to extinguish the flames on the bodies of two of their dead comrades — one by using water from canteens — and of the desperate efforts to save the two survivors who would eventually die from their burns.

During their morning testimony, family members of the firefighters who died rushed from the courtroom in anguish. Jurors were moved to tears.

Fogle and Gearhart were captains of their own engine companies at the time. Along with Engine 57, they had been deployed in the early hours of the fire to assist in evacuation and home protection. Five Forest Service engines were involved in the operation.

Fogle said he was a close friend of Loutzenhiser. Both men lived in Idyllwild and were active in community sports together, including Little League baseball. During testimony Tuesday, Fogle called him by his nickname, “Lotzy.”

Fogle, who testified first, told of watching the approaching fingers of fire from the main blaze as they raced up the mountainside toward the Twin Pines community where the Forest Service engine crews were working.

One finger of the blaze swept “up and over” the home, which was under construction, where Fogle and his crew on Engine 52 were working. His crew took refuge in their engine and escaped injury.

Engine 57 was stationed about a quarter- to a half-mile away and across a ravine from Engine 52. The Engine 57 crew was at an octagon-shape house that overlooked a deep gully that ran to the base of the mountain. Fire was roaring up the gully

Grim Discovery

Fogle said within “three to five seconds” the rushing fire had engulfed the home and the land it was setting on as well as some land behind it. Gearhart recalled that a few minutes later “it was like a flamethrower.”

Fogle said he called on his radio: “Captain 57, Captain 52?” No answer. He asked others in the area to try. No response.

Fogle first tried to get his engine to the octagon house, realized it was still too dangerous, put the engine and the rest of his crew in a safe spot on the road and tried to make his way to the house on foot with his emergency medical technician.

Meanwhile, Gearhart had also seen the overburn and, coming a different way, was able to get on the scene. He saw Pablo Cerda first, and feared the worst. Gearhart called out on his radio, “They’re dead — I think they’re all dead,” Fogle testified.

Gearhart recalled the same moment when he took the stand, then testified, “When I said, ‘They’re dead,’ Pablo moved his arm. He heard me.” Cerda would survive until Oct. 31.

Loutzenhiser also had survived. Gearhart, who found him, prepared Fogle. “They wanted to warn me of Lotzy’s condition,” before he went to him, Fogle said.

“I held his hand and told him it would be OK,” Fogle testified, his voice breaking. Loutzenhiser lived long enough to be evacuated but died shortly after that. Fogle said that as the scope of the tragedy became apparent, he called two ambulances, then four and then asked for a coroner.

The other firefighters, Jess McLean 27, of Beaumont, Jason McKay, 27, of Apple Valley, and Daniel Hoover-Najera, 20, of San Jacinto, were dead at the scene.

UPDATE @ 10:35 PT, March 11

Judge W. Charles Morgan ruled this morning, after reading the report prepared by a psychologist who examined Oyler, that Oyler is mentally competent and the penalty phase of the trial can continue.  The jury is expected to return at 1:30 p.m.

Video of Esperanza fire trial news conference

This 5 minute video features a statement from CalFire Chief John R. Hawkins and Forest Supervisor Jeanne Wade Evans from the U.S. Forest Service.  It was taped on March 6 shortly after Raymond Oyler was convicted of five counts of murder in the deaths of five U.S. Forest Service firefighters in the 2006 Esperanza fire in southern California.

The video is no longer available.

The 2-minute video below is a report from myFOXla.com about the guilty verdict.

The video is no longer available.

Oyler arson timeline

The Press-Enterprise, which has done an outstanding job of covering the Esperanza fire and the legal proceedings, put together this timeline of the fires that Raymond Lee Oyler is now convicted of setting.  If you are using Firefox as your browser, right-click on the image and choose “view image” to see a larger version.

Oyler convicted for Esperanza fire deaths

Raymond Lee Oyler, left, is taken out of Riverside Superior Court after being found guilty on Friday/ Press-Enterprise

A four-man, eight-woman jury today found Raymond Lee Oyler, 38, guilty on 42 of 45 counts against him, including five counts of first-degree murder, 20 counts of arson and 17 counts of using an incendiary device to start fires between May 16, 2006 and Oct. 26, 2006.

Jurors deadlocked on whether he started three smaller wildfires and Superior Court Judge W. Charles Morgan declared a mistrial on those counts.

Here are the verdicts broken down by individual counts (other than the murder charges, some of these are for arson, and others are for using an incendiary device–in some cases two charges for one fire):

  1. Guilty, murder of Mark Loutzenhiser
  2. Guilty, murder of Daniel Hoover-Najera
  3. Guilty, murder of Jess McClean
  4. Guilty, murder of Jason McKay
  5. Guilty, murder of Pablo Cerda
  6. May 16 fire, guilty
  7. May 16 fire, guilty
  8. May 16 fire, guilty
  9. May 29 fire, deadlocked, mistrial declared
  10. May 29 fire, deadlocked, mistrial declared
  11. May 31 fire, deadlocked, mistrial declared
  12. June 3 fire, guilty
  13. June 4 fire, guilty
  14. June 9 fire, guilty
  15. June 10 fire, guilty
  16. June 11 fire, guilty
  17. June 14 fire, guilty
  18. June 14 fire, guilty
  19. June 14 fire, guilty
  20. June 15 fire, guilty
  21. June 28 fire, guilty
  22. July 2 fire, guilty
  23. July 9 fire, guilty
  24. Sept. 16 fire, guilty
  25. Sept 16 fire, guilty
  26. Sept 17 fire, guilty
  27. Oct. 22 fire, guilty
  28. Oct. 26 fire, Esperanza fire, guilty
  29. May 16 fire, guilty
  30. May 16 fire, guilty
  31. May 16 fire, guilty
  32. June 3 fire, guilty
  33. June 7 fire, guilty
  34. June 9 fire, guilty
  35. June 10 fire, guilty
  36. June 11 fire, guilty
  37. June 14 fire, guilty
  38. June 14 fire, guilty
  39. June 14 fire, guilty
  40. June 28 fire, guilty
  41. July 2 fire, guilty
  42. July 9 fire, guilty
  43. Sept. 16 fire, guilty
  44. Sept. 17 fire, guilty
  45. Oct. 26 fire, Esperanza fire, guilty

On the first five counts Olyer was convicted of first degree murder and of special circumstances for “murder in the commission of arson” and for “multiple murders”.

District Attorney Rod Pacheco said the following about the verdicts:

We are obviously satisfied with the verdicts and that the jury was able to sort through the evidence. A substantial amount of justice has occurred, and I hope that this provides a small measure of consolation to the families of the victims.

Oyler was on trial for setting the October 26, 2006, Esperanza fire which burned 41,000 acres near Cabazon, California and resulted in the deaths of the five-person Engine 57 crew from the San Bernardino National Forest. Killed were Capt. Mark Allen Loutzenhiser, 43, Jason Robert McKay, 27, Jess Edward McLean, 27, Daniel Hoover-Najera, 20, and Pablo Cerda, 24.

From the LA Times:

After the trial, the sobbing Oyler family hurried to an elevator and left the building. The families of the victims also left without speaking to the media. A U.S. Forest Service spokesman said the families would not speak until after the penalty phases, which will decide whether Oyler gets the death penalty.

Outside the courtroom, Riverside County Fire Chief John Hawkins praised the verdicts but noted that five firefighters will never come home.

“Their families have suffered a loss that most of us can’t imagine,” he said. “This will not bring complete closure but it will bring the defendant to justice. It will help the families move to another phase of healing.”

Jeanne Wade Evans, supervisor of the San Bernardino National Forest, said arson is a terrible crime that touches so many lives.

“We still feel the loss and we always will,” she said.

At least a dozen current and retired fire personnel filled the left side of the courtroom. They were seated directly behind relatives of the five fallen USFS crew members.

Sentencing, which could include the death penalty for the murder charges, will begin Tuesday when the jury returns for that phase.

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UPDATE November 12, 2013:

Esperanza Fire Factual Report, and the USDA Office of Inspector General’s Report on the fire.

Experanza jurors deadlocked

On Thursday afternoon the jury in the trial for Raymond Oyler, accused of setting the Esperanza fire and numerous others in the summer of 2006, is deadlocked on several charges, but they did not indicate which ones. The judge, W. Charles Morgan, told them to step back and “take a look at the totality” of the evidence before excusing them for the day.

The jurors will return at 9 a.m. Friday morning to begin their sixth day of deliberations.

Oyler is charged with five counts of first-degree murder and 40 counts of arson and being in possession of destructive devices. A five-person engine crew was entrapped and died on the Esperanza fire in southern California.

Wildfire news, February 27, 2009

Siren maker loses civil suit about hearing loss

Federal Signal, a company that makes sirens and light bars for emergency vehicles, lost a civil suit filed by nine firefighters in Cook County, Ill. who claimed they suffered hearing loss from exposure to loud fire-truck sirens. The company, which has successfully warded off many previous hearing-loss lawsuits, says they will appeal the decision and they will “fight aggressively to overturn this verdict.”

Australian fires

The town of Marysville. February 12, 2009. Photo: AAP

The southerly wind change that was expected to increase the threat of fires near Melbourne is occurring more slowly than expected but should reach the area in a matter of hours. Firefighters have been able to keep the four large fires that are still uncontrolled from spreading further.

Esperanza fire trial

In closing arguments on Thursday, the attorney defending Raymond Oyler, on trial for setting the 2006 Esperanza fire in southern California in which five USFS firefighters died, said his client DID set as many as 11 arson fires in 2006 but not the Esperanza fire. The attorney said that even though all of the fires were set with combinations of wooden matches and cigarettes, the way they were configured for the Esperanza fire was different from the other fires.

Oyler’s girlfriend told police he had bragged to her about setting fires and was disappointed that they were not larger. When she threatened to leave him if he kept setting the fires, he quit for six months, Michael Hestrin, the prosecutor said.

Hestrin told the jury, “Raymond Oyler set this fire and killed these five brave men. Hold him accountable for murder. That’s what he did. He killed these men.”

The jury began deliberations this morning at 9:15 after the judge gave them their instructions.

If you have information about the trial, send us an email (click on my photo at the very bottom of the page) or call us on the phone by clicking the “Call Me” button on the right side of this page.

Esperanza fire photo gallery

The LA Times has a collection of 16 photos of the Esperanza fire. Here is one.


UPDATE: 6:55 P.M. PT, Feb. 27

The jury ended their first day of deliberations on Friday without reaching a verdict. The four-man, eight-woman panel will resume deliberations at 9 a.m. Monday.

Esperanza fire trial; closed hearing

There were some strange things going on in the Esperanza fire trial today. From KESQ:

Closing arguments have concluded in the murder trial of a California man accused of setting a wildfire that killed five firefighters, but the judge has held an unusual closed hearing.

After Thursday’s arguments, Riverside County Superior Court Judge W. Charles Morgan dismissed the public but kept the jury and attorneys behind closed doors.

Earlier in the day he also ordered the public out and called jurors in one by one.

It’s unclear what prompted the judge’s actions, but defense attorney Mark McDonald said afterward that the jury composition remains the same and the panel will return Friday for final instructions and the start of deliberations.

McDonald could not say anything more because of a gag order.

Thirty-8-year-old Raymond Oyler has pleaded not guilty to five counts of first-degree murder and other crimes. Five Forest Service firefighters were killed by the so-called Esperanza Fire in October 2006.

More details about the closing arguments are at the Desert Sun.