Arson and Murder Charges Set in 2003 California Wildfire

GILLIAN FLACCUS
Associated Press Writer

SAN BERNARDINO, Calif. - Almost six years after a wildfire destroyed nearly 1,000 homes in Southern California, prosecutors say they have enough evidence to charge a prison inmate with arson and murder in connection with the 2003 blaze.

This undated image provided by the San Bernardino County District Attorney's Office shows Rickie Fowler. A grand jury indicted Fowler, Tuesday Oct. 20, 2009, on five counts of murder for a 2003 wildfire in Southern California that destroyed about 1,000 homes and was linked to a half-dozen heart attack deaths. (AP Photo/San Bernardino County District Attorney)

San Bernardino County District Attorney Michael Ramos said Tuesday that a special criminal grand jury indicted Rickie Lee Fowler, a 28-year-old prison inmate, on arson and murder charges in connection to the wildfire that has been linked to five heart attack deaths.

Fowler is serving time in state prison for burglary. He was first interviewed in connection with fire in February 2004, based on a telephone tip, but there was not enough evidence to charge him, San Bernardino County Deputy District Attorney Vic Stull said.

The investigation began to gain steam in February 2008, and new evidence obtained as recently as three weeks ago allowed prosecutors to identify Fowler as a suspect, Stull said.

He faces five counts of murder, one count of aggravated arson and one count of arson of an inhabited structure. The statute of limitations on arson would have run out on Oct. 25.

The notorious Old Fire erupted in the Waterman Canyon area of the San Bernardino Mountains above the city of San Bernardino and eventually swept across 90,000 acres, or about 140 square miles.

Several witnesses reported seeing a passenger in a white van tossing burning objects into dry brush. In late 2004, authorities said they were focusing on a young man they believed may have been the arsonist and were trying to identify a second man but did not have enough evidence to make arrests.

Another man, Martin Valdez Jr., was also believed to be a suspect but he was shot and killed in Muscoy in 2006.

Stull said prosecutors were not sure who actually threw a road flare that started the blaze but are confident they have enough evidence.

Lisa McDermith, the daughter-in-law of one of the victims, James McDermith, said the retired accountant had a heart attack while driving to retrieve a trailer he planned to use to evacuate from his house.

"We're happy for this, not only for us but for all the families who lost a family member and who lost homes," she said. "He caused a lot of grief to so many people. There will finally be some closure."

In addition to McDermith, the individuals whose deaths are being prosecuted are Charles Howard Cunningham, 93; retired fire captain Chad Leo Williams, 70; Robert Norman Taylor, 54; and Ralph Eugene McWilliams, 67.

Although authorities initially linked six fatal heart attacks to the distress of the evacuations, Stull said in one of those cases the victim's widow felt that the attack was not caused by the fire.

The murder charges include the special circumstance of murder during the commission of arson, he said. Prosecutors have not determined whether they would seek the death penalty if Fowler is convicted, Stull said.

District attorney spokeswoman Susan Mickey didn't know if Fowler had a lawyer. His arraignment is expected within two weeks, after he is transferred from a prison in Lancaster.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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My fiance had to deal with this fire first hand. She was at her nephews birthday party after a school carnival in Highland and saw the smoke rolling up the mountain from the canyon. After seeing it, they rushed home to find their neighborhood being evacuated and fire moving their direction. The fire happened just before Halloween in 2003, and I made my first trip out to California July of 2005. It was sad to see the damage in the surrounding neighborhoods that was still evident. 1 1/2 years later there were still burned out house shells in the cul de sac behind her house. Another thing that everyone should keep in mind is the other damage that can come from such a disaster. Less than 2 months later Southern California received torrential rains which caused numerous mudslides off the mountain causing more evacuations and damging and destroying more houses. Keep in mind what happens after the vegitation burns off these mountains, there is nothing left to hold the soil and earth to the mountain allowing the water to wash it away. It is a scary situation to have to go through once, but couldn't imagine having to do it so soon after in the same areas, but for different reasons.

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