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Calif. wildfire arsonist appears in court

Damin Pashilk faces 24 years to life in prison if convicted

By Evan Sernoffsky and Kevin Fagan
San Francisco Chronicle

LAKEPORT, Calif. — A 40-year-old ex-con spent the last two fire seasons roaming this drought-baked county, setting small blazes that never managed to spread much before he finally lit a monster — last weekend’s inferno that ripped through Lower Lake and turned scores of homes into ash, prosecutors said Wednesday.

Damin Pashilk of Clearlake was arraigned at the county courthouse here Wednesday afternoon on felony arson charges accusing him of lighting 12 fires and trying to set a 13th, plus four more counts related to methamphetamine violations and driving on a suspended license. The fires all occurred between July 2, 2015, and Saturday, when he allegedly sparked the devastating Clayton Fire.

Wearing green-and-white-striped prison clothes, a disheveled-looking Pashilk briefly passed out before entering the tense, packed courtroom, causing a loud clunking noise that startled those in the gallery. Once he took his chair, he sat hunched over, hiding his face from the crowd.

He did not enter a plea. The only words Pashilk spoke were “yes” twice when asked if he understood the charges and his rights. He was ordered held in jail on $5 million bail.

Angry residents overflowed the chambers and spilled into the hallway of the courthouse, but after being admonished by bailiffs to be silent there were no outbursts as there were at a community meeting Monday when police announced Pashilk’s arrest. They saved their rage and sorrow for conversation outside.

“I’m just heartbroken and sickened for everybody,” said Deanna Hewitt, 50, of Lake County. “People deserve to see him. He shouldn’t be a coward.”

So far, the Clayton Fire has destroyed 175 homes and 268 structures in total, but the damage listed in the criminal counts was set at a preliminary guess of “in excess of $7 million.” Pashilk faces 24 years to life in prison if convicted.

Lake County Chief Deputy District Attorney Richard Hinchcliff said there is no evidence that Pashilk was targeting anyone, and investigators believe he acted alone. Pashilk did not express any remorse and denied any involvement in the fire, he said.

Hinchcliff added that Pashilk’s own house burned down in 2013, but it was not clear how that fire started. Most of the fires he is accused of setting were “very minor, only 1 square yard,” Hinchcliff said, but that still made him a “serial arsonist.”

Most important, he added, “he set a fire that caused massive destruction to this county intentionally. There are families that lost everything. I can’t imagine that.”

Officials said the troubled man, who once served as an inmate firefighter, was investigated as a possible serial arsonist for a year, but authorities said they didn’t have enough evidence to arrest him until he ignited the Clayton Fire.

“If any of our investigators had seen him setting fires, he would have been arrested right away,” said Cal Fire Chief Scott McClean. Now, however, “The evidence is very strong. We are very confident this is our guy.”

Pashilk’s court-appointed defense attorney David Markham had little to offer, saying he hadn’t seen the evidence yet.

“All I can say is, he’s presumed innocent until proven guilty,” he said. “The public needs to remember that.”

Pashilk lived in a trailer in Clearlake, a bigger town north of historic Lower Lake, and though one neighbor said “sometimes he gets a little intimidating,” most said they were shocked he could be suspected of setting a fire that decimated much of a community. A cart at Pashilk’s home was painted with Nazi SS lightning bolts, and his profanity-laced Facebook page sported the same symbol.

Pashilk’s lengthy criminal record includes convictions for drug possession and firearms violations. Court documents show he has been charged with more than 20 offenses in Lake, Yolo and Shasta counties.

For four months in 2007, he worked as an inmate firefighter while serving a five-year prison stretch. Cal Fire officials said he never actually worked on an active fire.

As Pashilk was being hauled into court, fire crews working to rein in the Clayton Fire improved their grip to 50 percent containment Wednesday.

The inferno did not grow overnight, remaining at 3,929 acres, according to the California Department of Forestry and Fire Protection.

Earlier this week, Gov. Jerry Brown declared a state of emergency for the area, freeing up additional resources to battle the blaze.

Also on Wednesday, the Blue Cut Fire north of San Bernardino in Southern California led to evacuation warnings for more than 82,000 people and continued to burn out of control. The blaze started Tuesday in the Cajon Pass area and grew to 25,626 acres Wednesday, according to Cal Fire. The blaze threatened 32,500 structures. Firefighters had 4 percent containment on the fire.

Copyright 2016 the San Francisco Chronicle