ORDWAY, Colo.—No criminal charges will be filed against a man who allegedly caused an April wildfire that burned across the southeastern Colorado county of Crowley in April and killed two volunteer firefighters.
District Attorney Rod Fouracre, who completed the investigation, said Wednesday that the fire was an accident and involved no criminal causes. The decision not to charge Sam Martson was based on a report from the Colorado Bureau of Investigation and other information, Fouracre said.
The CBI and the Colorado State Patrol forwarded a case report on the fire to Fouracre last month. CBI agents determined that although the fire was human-caused, there was no evidence of criminal intent.
The Crowley County sheriff’s office, however, planned to issue a summons to Martson, who allegedly violated a county ordinance by not getting permission to start a prescribed burn on April 14, Fouracre said.
The fire likely was reignited April 15 by gusting winds. It burned 14 square miles of prairie grass and crops and destroyed 22 homes. Two volunteer firefighters were killed.
Property damage is estimated at $887,000, according to a report from the county assessor. The figure does not include homes that suffered smoke or other partial damage.
The Crowley County ordinance makes it unlawful to conduct an open burn without permission. Violations are punishable by a fine of not more than $1,000.
John W. Schwartz Jr., a 38-year old Olney Springs volunteer firefighter, died alongside fellow firefighter Terry DeVore, 31, when their emergency vehicle crashed on Colorado route 96 as a burned-out bridge collapsed. Both men were Colorado Department of Corrections officers who were released from work to respond to the fire.
“It just doesn’t make sense,” said John E. Schwartz, the father of one of the victims. “I just can’t understand how a man can create such a situation causing two young men to lose their lives, eight kids to be without their fathers, and the thousands of dollars of property damage that the man created, and they can’t find anything to charge him with.”
DeVore’s family declined to comment on the decision.
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Information from: The Pueblo Chieftain,
