Vehicular-manslaughter charges dropped in fatal firetruck crash

Vehicular-manslaughter charges dropped in fatal firetruck crash

Vehicular-manslaughter charges dropped in fatal firetruck crash

0:00 PM PDT on Wednesday, July 25, 2007

By JOHN ASBURY
The Press-Enterprise

RIVERSIDE - Prosecutors dropped vehicular manslaughter charges against Riverside County firefighter Michael Arizaga on Wednesday, saying he was not responsible for a 2005 fire-truck accident that killed a colleague.

Arizaga, of Beaumont, was the first firefighter charged with manslaughter involving an on-duty accident in the 102-year history of the California Department of Forestry and Fire Protection, the agency Riverside County contracts with for fire services.

The DA's office dropped charges against Arizaga after determining the accident was caused by weight-distribution factors in the truck's design that made it fishtail and overturn, said Assistant District Attorney Sara Danville.

"This is a good day. It's something that should have happened quite a while ago," Arizaga said.

The charges had been filed based on the initial accident investigation, but new information showed there was no criminal negligence involved, Danville said. That information came from a defense report by a physics expert at Cal State Northridge and the DA's separate analysis, attorneys from both sides said.

Arizaga faced one charge of misdemeanor vehicular manslaughter without gross negligence after the 1987 Spartan fire truck he was driving hydroplaned off Interstate 10 near Highway 60 on the way to a flooded home in Beaumont on Aug. 6, 2005. Firefighter Chris Kanton, 23, of Temecula, was killed in the accident.

If convicted, Arizaga could have been sentenced to a year in jail.

"After carefully reviewing all the facts, we decided we could not proceed with the case," Deputy District Attorney Nikolaus Peterson said.

Arizaga was in the Riverside courtroom Wednesday with several firefighters, his fiancée, Lisa Cossette, and his father for what was supposed to be the start of jury selection.

He stood in the middle of the courtroom and embraced a tearful Cossette after Peterson made the surprise announcement that charges were being dropped. Riverside County Superior Court Judge Helios Hernandez dismissed the case.

Afterward, outside the courthouse, friends and colleagues shouted "happy birthday" to Arizaga, who turned 48 Wednesday.

"The last year has been a roller coaster after facing the trial of not being able to do my job and serve the public. I didn't think anything like this could happen." Arizaga said outside the courtroom. "We still mourn Chris Kanton. He died a hero that day and these court proceedings have kind of taken away from that."

Arizaga, who was placed on paid leave after the charges were filed in August 2006, said he is working with the Riverside County Fire Department and the CDF Firefighters Union to return to his job.

The union will seek state legislation to grant immunity to firefighters responding to calls, said Terry McHale, the union's public-policy director. He added that the Fire Department is seeking funding to replace outdated equipment and engines.

"This was a freak accident," McHale said. "Firefighters were absolutely united that nothing in this case was deserving of any charges to be filed."

On the day of the crash, the crew borrowed a reserve engine from another Moreno Valley station after discovering a faulty brake line in their regular truck. The reserve fire engine passed a safety inspection before the collision, according to a Cal Fire report.

A California Highway Patrol report said the truck was speeding in sudden rainy conditions, going 45 mph, and an engine auxiliary brake was left in high gear, which may have contributed to the collision.

A CHP report and a federal study said neither Arizaga nor Kanton were wearing seatbelts. CHP officials said Arizaga was responsible for making sure his crew wore seatbelts.

Firefighter Danny Faulkner was on the first engine to arrive at the scene, one minute and 19 seconds after the collision. He had to crawl over the truck to get to the crew in the pouring rain and mud that was flowing down the hillside.

Faulkner was subpoenaed to testify Wednesday, but said he's glad the case didn't go to trial.

"It's hard enough to do our job without having to worry about someone second-guessing everything and facing prosecution," Faulkner said. "Chris (Kanton) would have never wanted to see this go to trial. You can't hold anyone accountable for any wrongdoing in this accident."

Arizaga suffered head injuries after crashing through the truck's windshield during the accident and was hospitalized for about a week. Another firefighter suffered minor injuries.

"We ran into hell that day and one vicious storm," Arizaga said Wednesday.