Father and son arrested over Caldor wildfire

‘We have no idea what the prosecution’s theory is on how the fire started,’ lawyer says

Gustaf Kilander
Washington, DC
Thursday 09 December 2021 20:06 GMT
Related video: Thousands evacuated after Caldor Fire near Tahoe

A father and his son have been arrested on allegations of reckless arson in connection to the Caldor fire, which wreaked havoc in California earlier this year.

David Scott Smith, 66, and his son, Travis Shane Smith, 32, were arrested on Wednesday, according to the El Dorado County District Attorney’s office.

The Caldor wildfire destroyed around 1,000 buildings and forced tens of thousands of people to leave the area around Lake Tahoe after the fire began on 14 August. Full containment was reached on 21 October after the fire had burned through more than 220,000 acres. Five people were injured, but no deaths have been reported.

The Smiths have not yet been charged with a crime and are each being held on a bond of $1m.

Mark Reichel, a lawyer based in Sacramento, toldThe New York Times that the Smiths hired him in August after their homes and phones were searched by authorities. He said they were confused as to how they could be accused of starting the fire.

“My clients and I have literally just sat and waited for this day to come,” the attorney told the paper. “As we sit here tonight, we have no idea what the prosecution’s theory is on how the fire started.”

Mr Reichel said the Smiths had been spending recreational time in the Eldorado National Forest when they saw a fire. They called 911 several times as their calls kept dropping, and they warned others in the area of the fire, the lawyer added.

“They’re from the area,” Mr Reichel said. “They love the forest and nature.”

According to the Associated Press, the lawyer said reckless arson means starting a fire by accident but “to such a degree that it was considered reckless”.

He claimed that his clients “are absolutely 100 per cent innocent”.

“Neither one has ever been in trouble with the law in their life. They’re very law-abiding people,” he added. The lawyer said they are set to appear in court on Friday.

“There has been no evidence submitted into a court subject to my cross-examination ... that proves any of the prosecution’s evidence yet. So I urge everyone to wait and hear what really happened before they form any opinions,” Mr Reichel said.

According to the district attorney’s office, the case was investigated in collaboration with the US Forest Service, the state’s firefighting agency, the California Department of Justice, and the Sacramento County District Attorney’s crime lab.

A rising number of fires in rural areas have been caused by lightning, but many of the largest and most dangerous wildfires recently hitting California have been started by humans, either by accident or on purpose.

The biggest utility company in the state, Pacific Gas and Electric, pleaded guilty to manslaughter in 84 deaths in 2018 following the Camp fire. The deadliest fire on record in the state’s history was determined to have been caused by equipment that broke after not being properly maintained.

The biggest fire agency in the state, Cal Fire, has said that around 10 per cent of California wildfires are started intentionally.

The Caldor fire was the 15th-largest fire ever recorded in California. Experts have shared worries concerning increased dangers posed by wildfires as the climate crisis has made large parts of the western US warmer and drier, with the weather becoming more extreme. Wildfires now burn faster and have become more difficult to manage.

The California fire department has said the Caldor fire took 67 days to get under control.

The Independent has reached out to the El Dorado County District Attorney’s office for comment.

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