DA Won’t File Criminal Charges against 10 Linked to Tea Fire

Misdemeanor charges will be pursued but investigators conclude they can't prove beyond a reasonable doubt that the group was responsible for the blaze.

By | Published on 02.13.2009

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The Tea Fire left utter devastation behind, destroying 230 homes, a significant portion of the Westmont College campus and Mount Calvary Retreat House & Monastery.
The Tea Fire left utter devastation behind, destroying 230 homes, a significant portion of the Westmont College campus and Mount Calvary Retreat House & Monastery. (Rob Kuznia / Noozhawk photo)

The 10 individuals linked to November’s devastating Tea Fire will not face criminal charges related to the wildfire, the Santa Barbara County District Attorney’s Office said Friday, but prosecutors will pursue misdemeanor charges of criminal trespass and unlawful building and use of an unauthorized campfire.

The announcement, which came on the three-month anniversary of the blaze, seems likely to reignite a fierce community debate over the names of the 10. Throughout the investigation, District Attorney Christie Stanley and her staff have been tight-lipped, fueling intense speculation about the identities, their possible connections and the reasons why the names have not been disclosed.

Stanley refuted such talk Friday.

“The sole reason was to protect the integrity of the investigation so as not to compromise or probably taint sources of information or the ability to corroborate information,” she said in a statement.

“Any suggestion that those under investigation were receiving special treatment is simply untrue. In no instance has this office received pressure from any source to either protect the individuals or shield them from being known by the community.”

According to Stanley, the names of the individuals are now public information and are on the documents filed with Santa Barbara County Superior Court. Those documents have not yet been released, however.

Amid temperatures in the 90s and gale-force sundowner winds, the Tea Fire sprang to life at the Tea Garden above East Mountain Drive in Montecito late on the afternoon of Nov. 13. By the time it was brought under control the next week, the fire had raged across 2,000 acres, destroying 230 homes in the western Montecito foothills, upper Sycamore Canyon and Rattlesnake Canyon. The fire burned through the Westmont College campus and left the renowned Mount Calvary Retreat House & Monastery in ruins. There were two serious injuries in the blaze, but no lives were lost.

In a hastily called news conference Nov. 18, Sheriff Bill Brown said the official investigation had yielded evidence that 10 young people, nine of whom were SBCC students, were at the fire’s point of origin the night before it started and had lit a bonfire. Brown said an attempt had been made to put the fire out, but the heat and aridity of the day, as well as sundowner winds, whipped the smoldering embers into a wildfire.

“There is evidence that a campfire occurred at the Tea Garden between midnight and 4 a.m. (the morning of Nov. 13),” Stanley’s statement said Friday. “However, the existing evidence does not establish proof beyond a reasonable doubt that this campfire in fact caused the Tea Fire.”

Investigators from the Sheriff’s Department, the county Fire Department, Cal Fire and the District Attorney’s Office, interviewed and re-interviewed dozens of people but could not establish beyond a reasonable doubt the connection between the individuals and the wildfire — or that other fires had been set during that time frame.

The 10 individuals, however, will be charged with misdemeanor counts of criminal trespass and unlawful building and using a campfire without the permission of the Tea Garden estate’s owner. The evidence may or may not be sufficient for civil action, but the District Attorney’s Office, finding it out if its scope, did not comment on that issue.

Write to sfernandez@noozhawk.com

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» wrote on 02.13.09 @ 09:07 PM

What a sham. What - aliens landed and stoked the dwindling bonfire? Give me a break. This is PC BS. And everyone knows it. To those who lost their homes I offer sincere condolences. Justice will not be yours. Not that it would do much good in this case anyway… But handing down stronger sanctions might have DETERRED FUTURE FIRESTARTERS. This way we all lose. Except the lucky 10.

» wrote on 02.14.09 @ 04:14 AM

ro SBNATIVE:

Our justice system requires proof beyond a reasonable doubt. Do you think that is PC BS. Standards exist so we can govern ourselves with consistency. Aliens didn’t land, but the Sheriff knows that several groups were in the area. It raises the “reasonable doubt” question, and, as Justice Oliver Wendall Holmes said, “It is better that several criminals should go free than that the government should play and ignoble role.” Good work DA office.

» wrote on 02.14.09 @ 04:29 AM

I lost my home of 23 years in the Tea Fire. I thought I was willing to forgive these young people but now that I’ve read this article I’m not sure I can. This outcome seems very, very inadequate and I’m saddened by it.

» wrote on 02.14.09 @ 05:28 AM

Unbelievable! They have video evidence of them buying wood at a local store to carry up there to build the fire. They have eyewitnesses identifying them going onto the property carrying fireplace wood. They have them stating that they “tried to put the fire out” after they were done with it. They have evidence that they didn’t put the fire out the through the still burning logs in an old garbage can. They have the testimony that they each gave. They should let a jury decide if the evidence is beyond a reasonable doubt.

We had a few people desperate for work who try to get rebuilding jobs without licenses. Their names and information were all over every paper in town the next day. Why are these “young people” getting a free ride? TA few months from now we’ll see (maybe on page 21C) the misdemeanor charges will be dropped in lieu of community service or some such thing.

I lost my house and everything I owned in the Painted Cave fire and I was real sick of seeing the guy who started that walking around town. Now we have ten more (not “young people” - adults!) walking around town. This certainly will erode faith in our justice system and only lead to more bad behavior.

» wrote on 02.14.09 @ 05:52 AM

MJ - I didn’t know that our justice system operated in such a way that proof beyond a reasonable doubt had to be provided BEFORE a trial - I thought that’s what the process of a trial was about - a way for all the evidence to be heard, a way for those accused to face their accusers, a way for people to come to terms with what was done, how, why, and determine then how to move forward.  How many times do we hear reports of a trial where the accused “showed no remorse” and it angered people - sometimes resulting in a stiffer sentence?  These students don’t have to sit and face our community, they’ve been shielded for some reason. They’ve yet to make a public apology - whether the fire was an accident or not.  It is BS and I am really sorry for our community and especially for all those within it that have suffered such losses due to the idiocy of some young adults.

» wrote on 02.14.09 @ 06:09 AM

Our home and all of our belongings were destroyed in the Tea Fire on November 13, 2008.
Today, it was announced that 10 young lives have been spared the pain and suffering of being charged in setting the Tea Fire.
The damaging high winds that existed for two hours before the fire began sent a “cyclone” through our front screen door. They broke and blew oak branches and leaves into our living room…and blew the sliding screen door off our bedroom door and bent it across our balcony handrail
It is not surprising that a fire followed…as these types of winds often times result in fires.
It is uplifting to know that our Police and DA’s office had the presence of mind strength of character to withstand the lynch mob mentality that called for the names of the suspects.
Suspects are not criminals.
Our prayers have been answered in this regard.
Bright Hope For Tomorrow!

» wrote on 02.14.09 @ 07:40 AM

Those who lost homes can pursue civil suits where the burden of proof is not as severe.  The names are now public record.

» wrote on 02.14.09 @ 07:46 AM

PC or BS, whatever.

After 30+ years in the fire service, I sure don’t have any “reasonable doubts.”

However, we have all done jury duty and know what can happen.  I presume that the case was just too weak to bring in front of a jury that would be fraught with “reasonable doubts.”

In any case, what good would that prosecution do?

All ten probably (rightly) feel very badly about their lack of judgement and the horrific outcome.  I further presume they will bear this on their shoulders for life regardless of what the judicial system does/does not do to them.

It will only be worse for them once everyone knows who they are.

» wrote on 02.14.09 @ 07:59 AM

Since the Sheriff and the DA have decided that these 10 weren’t the responsible ones, I certainly hope that they are CONTINUING TO LOOK FOR THE GUILTY PARTIES!
Or do they just stop now and say that they’ve done all they need to do for appearance sake?

» wrote on 02.14.09 @ 08:23 AM

The problem with the case appears to be that the fire started at 5:30 PM and the trespassers only admitted to being on the property until 4AM.  The 12-hour lag between when the students departed and the time the fire started, opened an evident time-lapse hole, when others could have ventured on to the property and rekindled the fire.  As a matter of fact, several vehicles were seen in the area, hobos are known to wander up there, plus it is near a popular local hiking trail and a college.  It seems the DA did not think the evidence was conclusive enough for her to win at an expensive taxpayer supported trial.  That said, it will be interesting to see who the trespassers are, and who their attorney is!

» wrote on 02.14.09 @ 09:18 AM

These are kids with a lifetime ahead of them and I am glad no criminal charges were filed, However, I do wish the DA had put Community Service into the sentence.  These kids need to learn about responsibility and I would think they should ALL be working up in those hills helping the people rebuild their homes. And it should be in effect until all those who lost homes are back under their own roofs. That’s a lesson they could all learn.

» wrote on 02.14.09 @ 09:18 AM

Someone please file a class action civil suit.

Many will chip in for legal fees and i’ll bet some good attorney would jump at the chance to do this on a contingency basis!

The burden of proof is much less in a civil suit and a civil suit will disclose the names of those 10 students who started the bon fire.

» wrote on 02.14.09 @ 11:54 AM

IF the names are now public record.. why did this paper not publish them??  Who are you protecting?

[Editor’s note: I’m sorry. Did our story not explain that? In the sixth paragraph?]

» wrote on 02.14.09 @ 12:50 PM

Ridiculous! Is the DA saying that “God” started the fire for no reason?

Hundreds of our neighbors lost their homes and all their stuff because a bunch of idiots were out in an all-night drinking party around a bonfire on private property during a Red Flag fire alert.

And the DA isn’t sure she can “prove” a serious crime was committed?

Is this because the City College dusk-to-dawn drinking crew will turn to be members of our area’s spoiled Anglo elite?

Notice, the DA had no trouble at all deciding to charge a 14 year old Latino, junior
high gang-banger with Murder One, when he killed another gang-banger during a
dust-up last year.

Evidently she thinks poor 14 year olds in hormonal overdrive can better tell right from wrong, and consider the long range outcomes of their actions, than rich
white college kids.

So, our local criminal justice establishment has millions (in tax money) to go after
Michael Jackson, but nothing to pursue the people who might have burned down
the whole south coast (if the wind hadn’t shifted)?

Hope the victims of the fire form a “class action” group, and go after the families of
the pyromaniacs in civil court for everything they’re worth, and more.

» wrote on 02.14.09 @ 02:28 PM

@SBNATIVE

“What - aliens landed and stoked the dwindling bonfire?”

The campfire occurred between midnight and 4 AM. The Tea Fire broke out after 5:30 PM. The causal link is not straightforward; lots of other things happened in between. As the article says, investigators could not establish beyond a reasonable doubt that no other fires had been set during that time frame.

“Give me a break. This is PC BS.”

PC?? What the heck are you talking about? That seems to be your response whenever someone disagrees with you.

“And everyone knows it.”

What everyone knows is that professional criminal arson investigators are much better judges of these things than ignorant hotheads.

@TAILHACKER

“They should let a jury decide if the evidence is beyond a reasonable doubt. “

If the DA has reasonable doubt, they cannot legally or ethically argue to a jury that there is no reasonable doubt.

“Their names and information were all over every paper in town the next day. Why are these “young people” getting a free ride?”

Try reading the article, which explains why their names were withheld. Since they are in the public record, you’ll be seeing them soon enough.

@SELECTIVEJUSTICEINSB

“MJ - I didn’t know that our justice system operated in such a way that proof beyond a reasonable doubt had to be provided BEFORE a trial”

How hard is it to understand that, if the *DA* has reasonable doubt, they cannot argue to a jury that there is none?

“I thought that’s what the process of a trial was about - a way for all the evidence to be heard”

So, how about we pick up some random person off the street, and present before the jury all the evidence? The fact is that the DA’s office needs evidence that *they* find convincing in order to put someone on trial.

“a way for those accused to face their accusers”

Facing accusers is a right of *the accused*, not of the accuser. We don’t live in the dark ages when anyone accused of a crime is put on trial.

“a way for people to come to terms with what was done, how, why, and determine then how to move forward.”

No, that most certainly is not what the justice system is for.

@Doug Crawford

“Suspects are not criminals.”

Indeed; that is the bedrock of our justice system.

@ART

“Since the Sheriff and the DA have decided that these 10 weren’t the responsible ones”

They didn’t decide any such thing. The only thing they decided is that they can’t *prove beyond a reasonable doubt* that these 10 are responsible. I’m sure the DA *strongly suspects* they are responsible, as do we all, but that isn’t enough LEGALLY, and we are a nation of LAWS.

Please, people, be good citizens—learn the basics of our justice system.

» wrote on 02.14.09 @ 02:37 PM

“... spoiled Anglo elite ... 14 year old Latino ... rich
white college kids ... Michael Jackson ...”

It didn’t take long for racism to raise its ugly head.

There is no reason whatsoever to think that race or class played a role in the determinations by “Investigators from the Sheriff’s Department, the county Fire Department, Cal Fire and the District Attorney’s Office”—hard working, professional, civil servants who do not deserve to be slandered.

» wrote on 02.14.09 @ 06:36 PM

Questions remain in Tea Fire - D.A. Stanley says evidence doesn’t show who was to blame ...

What a joke this DA.

We are going to see if Santa Barbara news press is doing the right investigation job to find if there is any contact and/or connection between the family of one student and the DA or SBPD.

Why SBPD is not using water torture to find who is responsible? I think it’s what they are/were doing sometimes against innocent victims… But here nothing… what a joke..

We should now stop criticizing african countries, there is no liberty of expression and work for the press in SB. I’m also pretty sure that the DA called the SB newspress to not have any picture of the students in front of the press like we had for the contractors…we’ll see

Hopefully in 1, 5 or 10 years, we will learn what really happened and who had enough power and money to scare the DA and SBPD to go further in the investigation.

What a poor city and country…no liberty and freedom for the journalists

» wrote on 02.14.09 @ 07:12 PM

To ART

What do you think, we are in Santa Barbara, when you have money, justice is different…look at this exemple, this is the proof…

http://www.sbsheriff.org/pr/02050902.html

» wrote on 02.15.09 @ 04:46 AM

It may not seem like “justice” to some, but it’s the right thing to do - or not do.
It would cost an extraordinary amount of $ to try to prosecute when there is not enough evidence for a case.

» wrote on 02.15.09 @ 05:46 AM

I hope our local news reports do not let this rest. The names of the 10 adults who started this fire and their connections will see the light of day. Haven’t we had enough of corrupt governance?

» wrote on 02.15.09 @ 09:52 AM

I say lets run them out of town!

» wrote on 02.15.09 @ 11:34 AM

On Thursday, Santa Barbara Fire Chief Ron Prince announced he would be retiring. He had been on the job just three years. On Friday, the District Attorney’s office announced it would not prosecute the 10 suspected of starting the Tea Fire. Does Prince’s retirement have anything to do with the DA’s decision? Any reporters want to ask that question? So far none have. Oh I forgot, all the real reporters in this community were fired. My bad.

» wrote on 02.16.09 @ 06:20 AM

Wonder what Prince promised the Council just a few years back when he was hired?  Certainly not that he would cash in his sweet deal just a few years into the gig. Also, would be interesting to know what they paid him for ‘relocation’

» wrote on 02.16.09 @ 08:35 AM

Maybe these people would feel better if any SBCC student or anyone between age 19 and 23 simply were just grabbed off the street and lynched?

Is the point here just to feel better or to win a criminal prosecution?

The Grieving process has a few more steps to go here.

» wrote on 02.16.09 @ 02:07 PM

I am surprised AP has not sued the district attorney to release the names of those involved.

» wrote on 02.16.09 @ 03:09 PM

Re: “Any Connection?”

Your blog hits the nail on the head! The elite rich/political people who really run this city & their actions over the past several years are now right out in the open.

Haves vs. Have not’s! That is what SB is all about now, from this to the incompetent City Council, police, & City of SB employee’s with their “special” benefits and salaries way beyond anyone else here!

Meanwhile all the workers who have been here for 20-30+ years trying to make it are forced out.

What a SHAME!!

» wrote on 02.17.09 @ 06:44 AM

If no outside influence was a part of the DA’s decision making process, then why have the names not been published?  Never have I heard of such attempts to keep the names from the public.  There’s got to be some “connected” folks involved.  We’ll see when the names are finally published.

[Editor’s note: Noozhawk’s Lara Cooper was at the Courthouse when it opened this morning, the only reporter there. We’ll have our story posted later this morning but not before we confirm a few things.]

» wrote on 02.17.09 @ 09:26 AM

There is a big difference between arson (Penal Code 451), a major felony that the DA concluded could not be proven beyond a reasonable doubt, and unlawful burning (Penal Code 452), which may be filed as a misdemeanor or felony and is the charge that the DA intends to bring against the people who set the fire at Tea Gardens.

Arson requires that the person maliciously and willfully set a fire.  “Maliciously” means an intent to injure another person or commit an unlawful act.  Unlawful burning means that the person recklessly set a fire.  The Penal Code contains a definition of “recklessly”:

“(f) “Recklessly” means a person is aware of and consciously
disregards a substantial and unjustifiable risk that his or her act
will set fire to, burn, or cause to burn a structure, forest land, or
property.  The risk shall be of such nature and degree that
disregard thereof constitutes a gross deviation from the standard of
conduct that a reasonable person would observe in the situation.  A
person who creates such a risk but is unaware thereof solely by
reason of voluntary intoxication also acts recklessly with respect
thereto.”

On the face of it, it seems that the District Attorney is filing the correct charge.

» wrote on 02.17.09 @ 10:00 PM

It hurts me to see people responding to this in such a childish manner.
As someone who was severely impacted by the fire, I fully understand how traumatic the experience was, and although I thankfully did not lose my stuff, I know many who did and am currently dealing with the whole rebuilding situation.
However, I am also a close friend with one, and friends with the rest of the tea fire ten. I personally know each and every one of those students, who for the last few months have expressed to me numerous times how terrible they felt, how worried they were, how they are willing to take responsibility if the DA decided it was their small bonfire that began the tea fire. I personally witnessed them reading comments like the ones left here who label them as ignorant, stupid, reckless, detestable. People who feel like they have some “inside information” that wasn’t released anywhere else (tailhacker- just where did anyone find “still burning logs in an old garbage can”? The bonfire was not held in a garbage can. And long time resident- where did you hear that this was some sort of all night drinking party? Not once has any authority claimed they suspected alcohol was involved.)

And on that note, long time resident also claimed that these suspects were probably rich white college kids. Well let’s break this down. Rich: who gives you the right to say what sort of financial state these students are in? You have no idea what these students are dealing with in regard to money, and to call them rich is ignorant speculation. White: Four of those accused are not caucasian, and although the other six may pass for caucasian, you have no idea where they are actually from or what race they consider themselves. College kid: Well, you finally got one right! But this has been public knowledge for months. Nothing ground breaking there.
And to tie up long time resident’s tirade, he or she voices hope that “the victims of the fire form a “class action” group and go after the families of the pyromaniacs in civil court for everything they’re worth, and more.” I’m not even sure where to begin with this. But, please, take a moment and read this out loud. You have to laugh at how ridiculous you sound! These people are not pyromaniacs, and you sound like you’ve come straight from the old west movies, claiming the tea fire victims should go after the families of those accused.

And to bring the attention to the wise “the names are public information”, “I say lets run them out of town”... again, are you sure you haven’t just come straight from an old western movie? What year is this? 2009? Because by the way some people feel they must resort to an antiquated “law system” of running someone out of town, it definitely doesn’t feel like 2009.

I am grateful to the few who have upheld the DA’s decision, such as Doug Crawford and Shane Shark. Thank you for taking the facts at face value, and not reading anything extra into the equation.

I really hope that before anyone else wants to write some brash, hurtful comment, realize that those same people you’re bashing will be reading this. Along with their friends, their families, their loved ones. Your ignorant and unnecessary comments do nothing but make you look ridiculous, as well as hurt people who have already been through more stress than you can even begin to imagine these last few months. These 10 people are not just reckless idiots. Yes, they made a mistake. Yes, they recognize that they will be punished for their mistake (they aren’t looking to avoid punishment). However, the punishment needs to fit the crime. The DA, who has more experience than any of us writing on here in this field, found there was not enough evidence to try them for the fire, so why are people still assuming it must have been them? There were other reports of people going up there. It’s not an uncommon hike, nor is this the first bonfire I’ve heard of up there.

Punish the guilty, but as the tea fire 10 have not been charged with the fire, please stop putting a wrong and unnecessary punishment on them.

 

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