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Driver of fatal Calif. '05 incident faces manslaughter charges


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Driver of fatal Calif. '05 incident faces manslaughter charges

By John Asbury
The Press Enterprise
Copyright 2007 The Press Enterprise, Inc.
All Rights Reserved

RIVERSIDE, Calif. — A federal investigation into a 2005 firetruck crash that killed one firefighter found that the driver's unfamiliarity with the truck and its braking system may have contributed to the accident.

Chris Kanton, 23, of Temecula, was killed Aug. 6, 2005, when the engine in which he was riding hydroplaned off Interstate 10 into a grove of trees near Beaumont.

The driver, Riverside County firefighter Michael Lawrence Arizaga, 47, of Hemet, faces one charge of misdemeanor vehicular manslaughter without gross negligence related to the death. Arizaga was placed on administrative leave after being charged Aug. 4, 2006. His trial is scheduled to start Wednesday.

It is the first time in the 102-year history of the California Department of Forestry and Fire Protection, now known as Cal Fire, that a firefighter has been charged with manslaughter after being involved in an accident.

If convicted, Arizaga could face up to a year in county jail.

Arizaga told investigators he had never driven the engine before the crash and the engine he normally drove did not have the same braking system.

A report issued in June by the National Institute for Occupational Safety and Health recommended four measures to prevent such accidents:

Firefighters should be trained to use braking systems in slippery conditions;

Drivers should be trained to operate different types of vehicles and equipment;

Supervisors must ensure that firefighters use their seat belts;

Drivers of fire-department vehicles must operate them safely.

Riverside County contracts with Cal Fire for fire services. State officials said the recommendations are nothing new.

"Those recommendations have been standard operating procedures as long as anyone here can remember," said Mike Jarvis, a Cal Fire spokesman.

On the day of the crash, the crew found a defective brake line in their truck, Engine 58 from Moreno Valley. They borrowed a 1987 Spartan engine from another Moreno Valley station.

They were driving without lights or sirens to a flooded home in Beaumont when they crashed during a sudden heavy rainstorm. The truck had just merged onto Interstate 10 from Highway 60 when it began to fishtail and skid toward a concrete center divider.

The engine was traveling at about 45 mph when Arizaga felt the back of the truck shift and then lost control, according to the report. He was later cited by the CHP for speeding, going 15 miles faster than advised during stormy conditions.

The truck then spun to the right shoulder of the interstate and struck an asphalt embankment and two trees. Kanton was ejected from the open rear-passenger seat and was then hit by the truck. Arizaga was thrown through the windshield, according to the report.

Arizaga was hospitalized for several days.

One possible cause of the crash cited in the report was an engine-slowing brake set to "HI" to allow full braking power. According to the firetruck's manual, "When driving on wet or icy pavement, drivers are to start with the master switch in the "Off" position."

A CHP affidavit said that by leaving the brake on and speeding, Arizaga committed an "unlawful act that was the proximate cause of the collision."

Terry McHale, public policy director for the CDF Firefighters Union, said the report was fair and an important step to analyze incidents like this and how they can be prevented. He said firefighters shouldn't face criminal prosecution for on-duty accidents.

"The report was a reliable and responsible reminder to the fire service that these procedures need to be followed," McHale said. "If we start doing Monday-morning quarterbacking ... these emergency responses we've come to expect will be lost." 



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