# Criminal Trial - Fourtymile fire



## turnkey4099 (Apr 24, 2008)

From the Spokesman Review 04-23-08 

Trial likely in fire deaths.

Thirtymile crew boss faces manslaughter counts.

With a last minute plea bargain doubtful, a U>S> Forest Service crew boss likely will go to trial May 5 in Spokane on four counts of involuntary manslaughter, a federal judge was told Tuesday.

Ellreese Daniels, a 47-year-9ld midlevel supervisor with the Forest Service, is accused of making decisions "in wanton and reckless disregard for human life" that led to the deaths of four firefighters during the Tiirtymile fire near Winthrope, Wash. in July 2001.

At a pretrial hearing, Judge Fred Van Sickle discussed remaining legal issues, including and expanded list of questions for potential jurors.

“Is there any potential for resolution without trial?” the judge asked…

Daniels’ attorney,, Assistant Federal Defender Tina Hunt, told the court the U>S> attorney’s office wants Daniel to plead guilty to a felony to avoid trial on the four counts of involuntary manslaughter and seven counts of making false statements to investigators. “My client is refusing to plead to a felony,” Hunt told the judge.

Trial is expected to last a month or more.

Hunt said she has been involved in plea discussions with Assistant U>S> Attorney Tom Hopkins but no agreement has been reached.

Hunt’s remarks suggested here client likely would plead guilty to a federal misdemeanor if the government agreed to dismiss the felony counts.

Hopkins also told the court that the two sides have discussed a plea bargain, without results. 

…

Prosecutors allege Daniels should have known the crew could be trapped by the fast-moving wildfire and that he failed to follow four cardinal “LCES” rules for fire supervisors: Lookouts, Communications, Escape routes, and Safety Zones.

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Article continues with discussions of evidence to be admitted, will the jurors visit the site, an earlier forest fire on the Colville Reservation in which Daniels’ judgment and supervision were questioned, etc. 

Spokesmanreview.com 04-23-08 Section B ‘Northwest’. I think you need a subscription though.

Harry K


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## VTclimber (Apr 24, 2008)

Part of my job is to be a certified wildland firefighter and I can tell you that this is already having an effect on staffing levels for fire season. 

A survey went out last year pre-fire season about whether this case would affect your decision to take on a leadership position. Something like 75% of the people surveyed said that it would affect their decision. 

If I could be found guilty of manslaughter for an error in judgement on a fire, you bet your a$$ I'd think twice before taking a leadership position. You never know whats going to happen out there and even decisions that are very well thought out can backfire on you. 

Its a shame that this is happening this way. The only outcome I see is larger fires and more damage because of them.


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## ClimbinArbor (Apr 24, 2008)

seems to me that this guy might have more going on than a disasterous change in wind. SEVEN counts of making false statements to investigators.... did he royally mess up and knows it? This is a dangerous business we work in, and accidents happen. From what i hear people go to trial in job related fatalities regularaly. I think it is unfair for us to judge this man in any way, because we do not know the facts. We appoint people for that, their called judges.

I agree with VT though, the outcome of this could have serious implications. If the man was found to be doing his job properly and still gets jailed, NOONE will want the job. However if he was neglegent or reckless i think that a properly trained individual would not bat an eye at taking the position, if for no other reason than to prevent this from happening again.

God be with the Four Fallen


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## turnkey4099 (Apr 24, 2008)

I followed the reporting of the fire/incident back in 2001. From the reports I tend to the 'error in judgement' but even there I had my doubts. 

PA is trying to load the case by bringing in family members to testify. Gee, couldn't be because they want the 'tear jerker' attack? The Defense responded by "I will object to them testifying to anything other than 'were they a Forest Service employee'. I like her! The 'tear jerking' has a place but only when it comes to a sentencing hearing.

Harry K


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## Clearwater (Apr 25, 2008)

7 counts of making false statements might be hard to get around in a criminal trial. 

Its not the crime, but the cover-up that gets you in trouble.


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## turnkey4099 (Apr 30, 2008)

Good news:

Announced on the late news tonight. The feds accepted his plea bargain.

2 misdemeanor counts only of making false statements.

Sounds like a big win for him either that or a lot of the 'false statements" they were charging were bogus.

That case will still have a chilling effect on anyone considering stepping up to supervisor status.

Harry K


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