P. SOLOMON BANDA
Associated Press Writer

BOULDER, Colo. - Prosecutors said Wednesday they won't file criminal charges against the volunteer firefighter whose fire pit is believed to have started the most destructive blaze in Colorado's history.


Boulder County District Attorney Stan Garnett said the applicable charge would be fourth-degree arson, but he didn't think prosecutors could prove the necessary element that the firefighter knowingly started the fire or acted recklessly.

County sheriff's investigators have said they believe the wildfire originated Sept. 6 from a fire pit at the firefighter's home. The blaze in the canyons west of Boulder scorched about 6,200 acres, or nearly 10 square miles. It destroyed at least 166 homes and caused an estimated $217 million in damage, making it the most destructive wildfire in state history.

Most of the destruction happened in one day when wind gusts of up to 60 mph quickly pushed the fire through the heavily wooded mountains and canyons that are dotted by modest to multimillion-dollar homes. More than 3,500 people were forced to evacuate and thousands more within Boulder city limits were told to be ready to flee.

It took more than 1,000 firefighters to put out the blaze and cost more than $9 million to contain.

Garnett said the firefighter had been burning brush and other materials from his property Sept. 2, when no fire ban was in place. He said the firefighter thought he had extinguished the fire with water and by stirring the ashes.

The sheriff's office said it's likely that winds reignited embers from the fire pit, and the blaze quickly spread.

"Whether it came from the embers or not, we'd have a hard time proving that that's how it started," Garnett said. He said the firefighter reported the blaze and was among those who lost their homes.

Garnett's office said the decision not to file charges against the firefighter or anyone else was made after a "thorough tour of the fire scene" and discussions with the sheriff's office.

The U.S. Forest Service conducted its own investigation and will issue a report, Garnett said. But prosecutors said it "is not expected that these reports will provide significantly different evidence than that which has already been presented."

Garnett said the firefighter helped fight the wildfire, has cooperated with the investigation and is "devastated by what happened."

"It was a difficult couple of weeks for him," Garnett said.

Resident David Myers returned to his house last week to find only a cinder block wall standing and the flattened charred remains of his house and belongings lying on his home's foundation.

"I feel badly for the gentleman," Myers told The Associated Press, adding that he agreed that no criminal charges be filed. "He has to live with it for the rest of his life."

Myers said that he knows of other fires in the county that have started under similar circumstances, only the conditions _ a month with little rain and wind _ weren't there to make it grow into an inferno.

"I don't think it's right to judge things on the magnitude of what went wrong," he said. "Everybody makes mistakes."

Before this year, the state's most destructive blaze was a 2002 fire southwest of Denver. It scorched 215 square miles and destroyed more than 130 homes, causing $46.1 million in property damage when adjusted for inflation.

Former U.S. Forest Service employee Terry Barton served six years in prison after pleading guilty to starting the 2002 fire, which was caused by a letter she burned in a campground.

Garnett said he consulted with the attorneys who prosecuted Barton to get their opinion in the Boulder case. He said with that fire, there was a "much higher level intent with starting that fire than what we have here."


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