Zaca Fire: No blood from this Turnip

Editor - ZACA FIRES 1 thru 12: Questions about Forest Service firefighting strategy emerge...
Interestedly the firefighting tactics and strategy deployed during the ZACA firefight was central to the restitution side of the defense case, ie: was the ZACA Fire allowed to become a un-prescribed wildland use fire under federal management? The defense presented evidence Monday that federal authorities were doing resource management while the fire was under their jurisdiction, and used the fire as a tool, allowing the blaze to burn out the undergrowth in certain areas.
As I recall the ZACA was never officially 100% put out, In November at 95% it was allowed to burn into the winter with the rains finally putting out the last smokes inside the perimeter.

No restitution due in Zaca Fire, judge says

Restitution will not be paid to firefighters and others who were injured as a result of working on the Zaca Fire, which started in July 2007 and burned more than 240,000 acres in the Los Padres National Forest, according to a judge’s ruling.

After hearing evidence from both the defense and the prosecution during a hearing Monday in Santa Maria, Santa Barbara County Superior Court Judge Zel Canter ruled that the man responsible for starting the fire would not have to pay restitution to the victims of the fire, according to Senior Deputy District Attorney Jerry Lulejian.

Santa Barbara County prosecutors say they plan to appeal the ruling.

Jose Jesus Cabrera, who was ultimately found solely culpable, and Santiago Iniguez Cervantes were reportedly grinding metal to repair a water pipeline on a Bell Canyon ranch when a spark from the operation ignited the giant wildfire that injured more than 40 people.

Rancho La Laguna LLC and the two ranch employees were originally charged with felony counts in connection with the fire, but a Superior Court judge dismissed those charges in October.

The three defendants still faced charges of 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.

However, on Monday, a plea agreement was made in the case, said Lulejian, the case prosecutor.

Cabrera, a foreman, pleaded no contest to a misdemeanor charge of negligently setting a fire, and was sentenced to three years probation, he said.

As part of the terms of his probation, Cabrera will be involved with Rancho La Laguna LLC in making a “very large, professionally produced video” about the Zaca Fire. The video, which will deal with fire prevention education, will be widely distributed to schools, libraries and ranchers’ associations across the state, Lulejian said.

Prosecutors dropped charged against Cervantes, a hired hand, and Rancho La Laguna LLC. Charges were not pursued against Cervantes because he was not in charge of the actions that started the fire, Lulejian said.

Lulejian said that the business the men worked for was discovered to not be Rancho La Laguna LLC, but rather a related business also tied to the Bell Canyon ranch.

That other business, which Lulejian did not name, will not be charged, he said.

Lulejian said that the defense presented evidence Monday that federal authorities were doing resource management while the fire was under their jurisdiction, and used the fire as a tool, allowing the blaze to burn out the undergrowth in certain areas.

Lulejian said the prosecution disagreed with that, and maintained that firefighters were actively fighting the fire the entire duration of the blaze.

The defense did not disagree that firefighters were fighting the fire the whole time, he said.

“This was not a situation where the feds, for instance, let a fire go in any direction they wanted to,” he said.

Lulejian said prosecutors will be appealing Canter’s decision that restitution was not due in the case.

Robert Sanger, the attorney for Cabrera, said his client received unsupervised probation and was ordered to pay a $200 fine.

“I’m very pleased the case was resolved in what I think was a very appropriate fashion,” he said.

Adrian Andrade, the attorney for Cervantes, said his client is going to put the case behind him and move ahead with his life.

“He’s thankful that the court ruled in the way it did,” Andrade said.

The attorney said it was tragic that hard-working men who were performing their job accidentally caused the Zaca Fire.

“We’re pleased with the result,” said Luis Li, the attorney for Rancho La Laguna LLC.

He said the ranch agreed to put together the video in order to promote fire safety in an area at-risk for fires.

Source: lompocrecord.com - Link
Related post: Zaca Fire: Criminal recklessness charges dropped
Inciweb: Zaca Wildland Fire - 240,207 acres - 95%
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Labels: California Wildfire, Los Padres National Forest, U.S. Forest Service, Zaca Fire, Zaca wildfire