Prosecutor: SoCal Arsonist, Firefighter Killer Felt 'All Powerful'

AMY TAXIN
Associated Press Writer

RIVERSIDE, Calif. (AP) -- Prosecutors on Tuesday urged jurors to recommend the death penalty for a man convicted of murdering five firefighters by igniting a Southern California wildfire, but his lawyers said he should get life in prison without parole because he didn't intend to kill anyone.

Riverside County prosecutor Michael Hestrin told jurors in closing arguments of the trial's penalty phase that Raymond Lee Oyler caused terror in rural communities by setting the fires and horrific pain to the firefighters before they succumbed.

"He gave them the death penalty that day by his own action and his alone," Hestrin said. "Ray Oyler is not just a casual arsonist. He wanted to have that responsibility, that power to end people's lives."

The jury this month found Oyler, a 38-year-old auto mechanic, guilty of five counts of first-degree murder, 20 counts of arson and 17 counts of using an incendiary device.

He was convicted of setting numerous fires in rural areas of Riverside County in 2006. The fatal blaze, known as the Esperanza Fire, roared to life that October as fierce Santa Ana winds swept through valleys and mountains about 90 miles east of Los Angeles.

Defense attorney Tom Eckhardt pleaded with jurors to spare Oyler's life, arguing that his client did not mean to kill.

"This is not a case where there was an intentional killing," Eckhardt said. "This is a case where because of insane, don't-give-a-damn recklessness, these five people died."

Jurors began penalty phase deliberations when closing arguments ended Tuesday afternoon.

The crew of San Bernardino National Forest Engine 57 was overwhelmed after deploying to protect an unoccupied house perched at the top of a steep drainage in the San Jacinto Mountains. Three firefighters died there and a fourth died soon after at a hospital. The fifth died five days later, the same day Oyler was arrested.

Over the last week, prosecutors have shown jurors graphic photos of the firefighters' bodies. Relatives of the victims, firefighters and members of Oyler's family have testified.

"By his action, he got to terrorize and cause fear and anxiety in an entire community," Hestrin said Tuesday.

The prosecutor told jurors that Oyler may not have known the men he killed but knew he had the power to take lives by setting fires and derived pleasure from watching the flames.

"He chose this because he liked it," Hestrin said. "He gets a thrill from it, from starting fire after fire, from seeing people scramble around, having this feeling of being all powerful."

Eckhardt said testimony from Oyler's mother and daughter showed he was a human being despite the horrendous murders that resulted from his fire-setting. He reminded jurors that life in prison was bleak and said it was a more appropriate punishment for Oyler than death.

"Don't do it. It's not necessary. Nobody's going to gain if you kill Raymond Oyler," he said.

Oyler's attorneys said in the guilt phase of his trial that he probably set some of the fires but not the one that killed firefighters Jason McKay, 27; Jess McLean, 27; Daniel Hoover-Najera, 20; Pablo Cerda, 23, and their captain, Mark Loutzenhiser, 43.

Last week the defense requested a mental evaluation after noticing a change in Oyler's behavior after the verdict, but Judge W. Charles Morgan ruled him mentally competent after an evaluation by a psychologist.

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

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I tell you what put this guy on a stake in the woods and burn him like he burned five firefighters to there deaths let him feel the pain of it while the rest of the department watch him fry im sorry but his attorney say what will it gain to put him to death well it will gain alot of peace from the loved ones he took from
I will go along with Dennis.Take the guy away from his family like the A**HOLE took the firefighters from their families.That is my 2 cents.
I'm with Dennis and Nick an eye for a eye.
FYI the jury recommended the death penalty. I hope this is a federal case. The state of Ca can't seem to execute anyone
I agree with Dennis,Nick and John. They should tie or better yet chain him to a tree and set it on fire so he can feel the pain that those firefighters felt. Then put him out let him heal and do it again for the rest of his life.
Add me to the list of supporters of frying him like he did our Brothers
Yaaaaaaay, someone else that murdered part of our family that we'll have to support, feed, clothe, and pay for cable tv for the rest of his life. Wonder what they would be thinking if five civilians had died? Or a city council? Or even 5 kids? I like the "tie him to a burning tree" idea. Seems quite fitting.
Hell Yeah, I am with John, Dennis, and Nick. Fry the guy that killed our brothers... See how that A$$Hole Likes the burn and pain that the families are going through now knowing that the fathers and mothers aren't coming home now because of some ignorant BASTARD. Excuse the Language.
I am with Jason Too... See how that A$$hole likes the PAIN that he brought upon the families.

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