Jesusita fire investigation ends with misdemeanor charges

By COLBY FRAZIER — Dec. 10, 2009

Santa Barbara County prosecutors announced today that misdemeanor charges have been filed against two men for starting May's Jesusita fire.

Craig William Ilenstine, 50, and Dana Neil Larsen, 45, allegedly started the fire, which roared through the foothills above Santa Barbara and charred 80 homes, while clearing brush with gas-powered weed cutters.

The men lacked a "hot work" permit, which must be obtained from the fire marshal before any "welding, cutting, open torches and other hot work operations" can occur, according to a statement from the Santa Barbara County District Attorney’s Office.

"Neither person had obtained a hot work permit as required by law, and neither person took the requisite precautions of watching or having someone else watch the area where they worked for at least thirty minutes after they finished using their weed cutters, to make sure they did not leave any smoldering areas," according to the statement.

If convicted, the men face $25,000 in fines and up to 90 days in county jail. Prosecutors also said they plan to seek full criminal restitution on behalf of fire victims. The state could also seek reimbursement for firefighting costs.

In the statement, prosecutors noted the longevity of the investigation, adding that the District Attorney's office "examined all possible criminal and civil charges that may apply ..."

The statement went on to explain that the ethical duty of a prosecutor is to review a case to determine if it can be proved beyond a reasonable doubt.

"It has been determined by this office that we cannot prove beyond a reasonable doubt the required mental state for any felony charge that might apply to the circumstances of this case," according to the statement.

The District Attorney's Office was heavily criticized for its handling of the Tea fire investigation, which resulted in 10 people being charged with misdemeanor trespassing charges.

For more on this story, see tomorrow's Daily Sound.

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WTF : 12/10/2009

If these men were hired by someone to do this work then that person should also be charged and fined. Come on people, starting a fire that burns down millions of dollars in private residences, devastating lives and placing firefighters and citizens at risk—whether by design, stupidity or bad luck—has to be made into a serious consequence or it'll just keep happening. The fine for illegal trespassing, as in the case of the Tea Fire, needs to be increased from $500 to $50,000 when a fire is involved. Even stupid people try to avoid doing things that cost too much.

M.Miller

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D.A. Clueless : 12/16/2009

They had the Nuremburg trials faster than this!

Disappointed in the system

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Irrational : 12/16/2009

I agree with the comment by M. Miller. For all of the harm this caused to home owners and fire fighters someone needs to be held accountable. Yes it was an accident and lacked the malicious intent of arson but this crime seems like more than just a misdemeanor to me.

SJS

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