Tag: Washington

At the federal district court today in Spokane, Washington, Ellreese Daniels plead guilty to two misdemeanor charges of making false statements to investigators. The federal prosecutors dropped the four federal felony charges of involuntary manslaughter related to the deaths of the four firefighters on the Thirtymile fire near Winthrop, Washington in 2001.

In addition to the four involuntary manslaughter charges, Daniels had been charged with seven counts of making false statements to investigators, a federal misdemeanor.

Daniels could have faced as much as six years in prison for each of the four manslaughter charges. Now he faces up to a year in prison and a $100,000 fine for each of the two remaining misdemeanors, although the standard range is much less.

Sentencing was set for July 23 August 18. Yesterday in an email, Daniels’ attorney, Tina Hunt, said she expected there to be a “contested sentencing hearing”.

I have mixed feelings about the plea agreement. The procedure today means that Daniels will not have to serve lengthy jail time for the felony charges, he will not have a felony conviction on his record, he probably will not lose his job with the US Forest Service, and he will not lose his retirement.

His attorney said that the defense had a strong case. This is also indicated by the fact that the federal prosecutors dropped all of the felony charges and five of the seven misdemeanor charges in return for the guilty pleas on the two misdemeanors.

If I had been in Daniels’ shoes, I may have done the same thing. I can’t imagine what it must have felt like to be facing those four felony charges, serious prison time, and the loss of the job and his retirement.

Looking at the larger picture, and from a selfish perspective, this is a mixed blessing for the fire community. It would have been better for firefighters if all of the charges had been dropped, or if they had been thrown out or defeated in court.

But perhaps the next over-zealous prosecutor seeking to to beef up their resume will be less inclined to throw around ridiculous felony charges when someone makes an honest mistake on a fire.

The International Association of Wildland Fire documented with their survey the fact that many firefighters were very concerned about the harmful effects these charges would have on the fire community. In the survey, 36% said they would make themselves less available for fire assignments because of the charges that were filed against Daniels.

Making an honest mistake on a fire should not have the potential to ruin your life and the life of your family.

Photo of Ellreese Daniels courtesy of the Spokesman-Review

An email message from Tina Hunt, Ellreese’s attorney dated today, April 28:

Hi All,

As some of you know, I believe we have finally reached a compromise with the government in this case. In exchange for dismissing all 11 felony counts, the government will agree to offer a plea to 2 misdemeanor counts of making a false statement in an official writing. I will be recommending to the court that Ellreese should receive no time, the government may recommend a sentence of jail time. I strongly feel that this is a case that does not merit a jail sentence, so I am comfortable with the plea to the misdemeanors.

As you all know, this is a case which I have felt very passionately about. I am more convinced than ever of Ellreese’s innocence on ALL of the counts, however, there remains a risk that if we proceed to trial, he could be found guilty of at least one felony. There comes a time and place to put some closure on this matter, and Ellreese is comfortable with this resolution. I hope that the witnesses and families may also find some peace now.

I anticipate that we will still have a contested sentencing hearing in late summer.

We currently have a tentative change of plea set for tomorrow (April 29) at 11:00 a.m. in Spokane before Judge Van Sickle. The address of the courthouse is: 920 W. Riverside Avenue, Spokane, WA. It is open to the public, and I’m sure that if you can be present, Ellreese and I would appreciate it greatly.

Tina

We covered this earlier, here.

Ellreese Daniels was the Crew Boss and Type 3 Incident Commander on the Thirtymile Fire near Winthrop, Washington in 2001 on which four members of his crew were overrun by fire and died. On January 30, 2007 the U.S. Attorney in Spokane, Washington charged him with four counts of involuntary manslaughter and seven counts of making false statements.

Now the trial schedule has been established by the court:

THIS MATTER is scheduled for trial beginning May 5, 2008 and ending July 2, 2008. Counsel shall meet with the Court in chambers at 8:30 a.m. on the first day of trial. Jury Selection will begin at 10:00 a.m. Trial will be held each day from 9:00 a.m. to 12:00 p.m. and from 1:30 p.m. to 4:30 p.m. excluding the following days: May 9, May 16, May 22, May 23, May 26, June 5, June 6, June 20, and June 23 -27.

I hope that there will be some people attending the trial as spectators who will be recognizable as firefighters. But since it appears that the trial could go on for 2 months, that’s going to be difficult to do on a continuing basis.

We covered this issue earlier, here, here, and here.

Posted on Wildlandfire.com was this letter from the Forest Supervisor of the Okanogan-Wenatchee National Forest about the upcoming trial:

Okanogan-Wenatchee Employees:

The trial of our employee Ellreese Daniels is scheduled to begin May 5. He was indicted by a grand jury on four counts of involuntary manslaughter and seven counts of making false statements based on actions in his role as crew boss during the Thirtymile tragedy in 2001. I struggle with the reality of criminal charges against one of our own employees. I was not here in 2001, but today I feel the anxiety and fears of the firefighting community. I am also deeply saddened at the loss families experienced. Yet, in the midst of this swirl of strong emotion, we must go on.

I intend to support Ellreese by ensuring I do not interfere with a fair and speedy trial. All we can do for the families, employees and the American public is cooperate with the defense and prosecution by providing knowledgeable witnesses to testify honestly and truthfully. Then, let the justice system work based on the facts of the case. In the end, the judge and jury will decide the outcome of the trial.

This case will likely generate national media interest. If you want to speak with the media, then it is critical that you emphasize to them that you are speaking for yourself, as an individual, on you own time, not for the Forest Service or in any official capacity. It is your choice as an individual, representing your personal views to speak to a reporter. I offer this thought though. Ask yourself, “How will my comments influence the ability of the court to provide a fair and speedy trial”? If you are asked to comment as a Forest Service employee, please refer that request to Glen Sachet (503-808-2790) in the Regional Office.

Some of you will testify as witnesses for the defense or prosecution, or you will know someone who is testifying. The emotions of the tragedy may return. Don’t hesitate to talk with your line or staff officer, union representative, or contact the Employee Assistance Program for help.

I plan on attending as much of the trial as possible. When I’m not there, my representative will be. I will wear my uniform proudly in support of all employees and the Agency. I have identified a few employees that will serve a variety of roles in an official capacity at the trial, including keeping you informed of the proceedings. Others interested in attending can do so on their own time, not in an official capacity, with the use of leave pre-approved by their supervisor.

Maureen Hanson, Bobbie Scopa and I will be holding meetings at HQ and the Districts next week to discuss the upcoming trial and answer employee questions.

Finally, this has been and will continue to be a very emotional time. Please be sensitive and understanding of the feelings of others around you, and take extra care of yourselves.

Sincerely,

Becki

As you probably know, Ellreese Daniels was the Crew Boss and Type 3 Incident Commander on the Thirtymile Fire near Winthrop, Washington in 2001 on which four members of his crew were overrun by fire and died. On January 30, 2007 the U.S. Attorney in Spokane, Washington charged him with four counts of involuntary manslaughter and seven counts of making false statements.

On February 20, 2007, the IAWF released a survey of 3,362 firefighters which showed that 36 percent of the full-time wildland firefighters surveyed will make themselves less available to be assigned to wildland fires as a direct result of these federal charges.

Here is an update from Wildlandfire.com

“I met with Ellreesse’s Federal Public Defender Tina Hunt here in Missoula on Thursday: she seems well prepared for the May 5th trial date, and hopes that the Judge will approve a site visit for the jurors. We talked about many of the issues that are well known to all of us, as well as some tactics and qualifications issues. Tina still expects a 6+ week long trial.

There will be lots of witnesses, especially on the Government side, telling their stories about what they saw, heard, were told, experienced. The 10/18 will be an important focus!
Maybe by July 1st, we’ll have a clearer picture of the impacts of this attempted mis-carriage of justice. Tina was highly complimentary of many of the R-6 Fire Overhead that she has interviewed.

She encouraged firefighter attendance in support of Ellreese at the trial, yellow Nomex shirts and all!

Keep the Faith!

Dick Mangan”