Charges against SDG&E in wildfires less likely

Decision on misdemeanor offense faces Oct. 21 deadline
By TERI FIGUEROA - Staff Writer, North County Times

ESCONDIDO ---- There's no decision yet, but it seems unlikely that San Diego Gas & Electric Co. will face criminal charges for its alleged role in starting the massive 2007 wildfires that ripped through North County.

With only days left to bring charges, the state's fire agency says it is still investigating, and it has not met with prosecutors to request that the utility be held to account in a criminal case.

"It's looking like there's not going to be any criminal charges filed," said Pete Marquez, deputy fire chief of the California Department of Forestry and Fire Protection on Friday.

Marquez, who is in charge of investigations in the state's southern region, said the agency has not conferred with San Diego County prosecutors, who would be responsible for bringing misdemeanor charges against the utility.

An aide to Giny Chandler, chief legal counsel for the state fire agency, said there has been no final decision whether to press for criminal charges.

In July, fire agency officials released a report blaming the utility's power lines for the fires, and said they were considering pursing a criminal case.

The law gives the state one year to file misdemeanor charges in such cases. Oct. 21 marks the first anniversary of the Witch Creek fire, which California fire officials say was started by downed SDG&E power lines. The Rice fire, which started a day later, was also sparked by the utility's power lines, the state concluded.

SDG&E has blamed "hurricane force" winds during brutally hot Santa Ana conditions for the destructive blazes, which quickly spread out of control.

Fire officials' July report concluded that the 198,000-acre Witch Creek fire started after winds reaching more than 80 mph slapped overhead power line against each other, sending showers of sparks into dry grass below on a Ramona-area ranch.

The fire destroyed 1,141 homes and left two Poway residents dead.

The 9,472-acre Rice fire, the agency concluded, was also sparked by SDG&E's power lines. Before firefighters knocked down the blaze, it destroyed 206 homes, 40 outbuildings and two commercial properties.

Two months ago, Tom Hoffman, the state fire agency's chief of law enforcement, said it's uncommon for the agency to seek criminal charges.

That, he said, is because the bottom line is fire prevention, and recouping costs has been more effective than filing minor criminal charges.

To that end, the utility has been asked to pay the $21 million it cost to fight the fires, a request company officials have so far ignored.

"The reason that we haven't responded to them is because it is our understanding that they intend to pursue a civil case," SDG&E spokeswoman Christy Heiser said in an e-mail to the North County Times on Friday.

A civil suit seems likely. The state has two years from the start of the fires to file such suits.

The utility is also facing an onslaught of civil suits brought by residents, business owners and others affected by the massive fires.

Last week, the utility launched a new policy calling for it shut the power off across the backcountry for as many as 45,000 customers when weather conditions threaten to turn the slightest spark into an inferno.

Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.

Source Article: North County Times