Zaca Fire: Criminal recklessness charges dropped

Friday, October 10, 2008

Zaca Fire: Criminal recklessness charges dropped

Felony charges dropped in Zaca Fire case

A Bell Canyon ranch and two ranch employees who the Santa Barbara County District Attorney’s Office accused of causing the Zaca Fire, the second largest California wildfire in recorded history, are no longer facing felony charges.

At the conclusion of a preliminary hearing Thursday in Santa Maria, Santa Barbara County Superior Court Judge Zel Canter dismissed the five felony counts and special allegations filed against Rancho La Laguna LLC, Santiago Iniguez Cervantes, 47, of Santa Maria, and Jose Jesus Cabrera, 39, of Santa Ynez.

Cabrera and Cervantes were reportedly grinding metal to repair a water pipeline on the ranch when a spark from the operation ignited the Zaca Fire on July 4, 2007.

The preliminary hearing was held solely on the issue of recklessness, said Senior Deputy District Attorney Jerry Lulejian, the case prosecutor.

A preliminary hearing is an opportunity for a judge to determine whether there is sufficient evidence for a defendant to stand trial on the charges against him or her.

Canter found that the defendants did not act recklessly, Lulejian said. All the felony charges against the defendants alleged recklessness.

The defendants were charged with four felony counts of recklessly causing a fire with great bodily injury and one felony count of recklessly causing a fire of a structure or forest with special allegations connected to counts.

Rancho La Laguna, Cervantes and Cabrera are still facing a misdemeanor Health and Safety Code violation of carelessness with a flaming substance and an infraction for their alleged failure to secure a Hot Work Permit in violation of county code and its incorporated California Fire Code.

Preliminary hearings are not held for misdemeanor counts, Lulejian said.

The Zaca Fire, which burned 240,207 acres in the Los Padres National Forest, was declared fully contained on Sept. 2, 2007, and was considered extinguished on Oct. 29, 2007.

No one was killed in the blaze, but several firefighters were injured fighting the fire. The great bodily injury counts against the defendants were in connection with injured firefighters.

The next court appearance in the case is scheduled for Oct. 23 for a readiness and settlement hearing.

Source: Santamariatimes.com

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Friday, October 10, 2008