SEAT crashes, pilot killed south of John Day on the Malheur

An early report by KOIN-TV indicated crews were searching for a lost airtanker that disappeared late Thursday. The BLM-contracted SEAT went missing while fighting a lightning-started fire near Seneca, Oregon. The Central Oregon Daily News said the pilot was en route to a spot fire near the the Falls Fire and was killed in the crash. The BLM confirmed that the wreckage was found and the pilot’s body recovered; the pilot’s identity has not been released.

The Aviation Safety Network reported that an Air Tractor AT-802A owned by Wakefield Aircraft out of North Dakota crashed near Seneca, with one occupant, unknown injuries, and unknown aircraft damage.

The plane went missing around 7 p.m. while working a lightning start near the Falls Fire. The Grant County Sheriff’s Office and Falls Fire personnel immediately began a search and the Oregon National Guard searched overnight without success. Grant County Search and Rescue on Friday joined the search.  KGW-TV said the SEAT was flying out of Burns, about 45 miles from Seneca via US-395. The Falls Fire’s about 25 miles south of John Day.

Falls Fire 07/23/24 ~ IMT photo
Falls Fire 07/23/24 ~ IMT photo
The Falls Fire was at 141,926 acres and 55 percent containment, according to a KTVB-TV report. On Friday afternoon that was updated to 55 percent contained at 140,422 acres.
Falls Fire 07/24/24 south of John Day, Oregon on the Malheur National Forest.
Falls Fire 07/24/24 south of John Day, Oregon on the Malheur National Forest.
Dozer div on the Falls Fire 07/2024
Dozer div on the Falls Fire 07/2024

KPTV reported that fire managers reported the aircraft missing on a lightning-started fire on the Malheur National Forest. Search crews have been hunting for the plane since Thursday night and will continue Friday.

The fire was human-caused and is under investigation. Investigators ask for the public’s assistance with any tips or information about the start of the Falls Fire on the Malheur. Please email tips to   SM.FS.R6TipHotLine@usda.gov

Threatened property includes 377 homes, 118 commercial buildings, and nearly 700 outbuildings. Resources include 38 crews, 79 engines, 24 dozers, 25 watertenders, plus helicopters and SEATs, for a total of 1560 personnel.

Falls Fire map

The Alaska Complex IMT 1 assumed command of the Falls and Telephone fires at 6:00 am Friday and is in unified command with the Oregon State Fire Marshal (OSFM). Their thorough update for today is posted online [HERE] but includes no mention of the crash or the search for the missing SEAT. The Harney County Sheriff’s evacuation map is [HERE] and  the Grant County Emergency Management wildfire info page is [HERE].

Strong afternoon winds together with extremely dry fuels increased fire behavior on the Telephone Fire, and several new starts were identified east of the Falls Fire in the Parasol Butte area. Evacuation levels were announced and extended in response to the new starts and the Telephone Fire’s move across FSR 28.

Crews responded along with aerial resources, and structure protection crews mobilized and responded to the area. The Telephone Fire has grown 3,000 acres and moved farther southeast overnight; it’s now about 4 miles north of Hwy 20. Smoky conditions are expected to continue; an inversion layer sits over the fire but may lift by early afternoon. Temperatures have been in the mid-80s.

~ Thanks and a tip of the hardhat to Jeff on this one. 

The wreckage was found and the pilot’s body has been recovered, according to Lisa Clark of BLM. The pilot’s identity and the precise location of where the plane was found was not released

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 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 Guardian, NBC News, ABC News, Reuters, 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.