By Mitchell Byars
Daily Camera
BOULDER, Colo. — A Boulder County judge ruled today that there was enough evidence for the two Alabama men accused of starting the Cold Springs Fire to stand trial on felony arson charges.
Jimmy Andrew Suggs, 28, and Zackary Ryan Kuykendall, 26, both of Vinemont, Ala., are charged with one felony count each of fourth-degree arson — endangering people and one count of misdemeanor fourth-degree arson — endangering property.
Both also were charged with second-degree trespassing, and Suggs was charged with possession of a weapon by a previous offender for allegedly having a machete at the campsite.
In a preliminary hearing on the felony arson charges, Boulder County Judge David Archuleta ruled there was probable cause for the arson charges against both men to continue to district court.
Defense attorneys argued during the hearing that there was no evidence the men were reckless or knowing in starting the fire, but Archuleta ruled that ultimately did not matter for the purposes of the preliminary hearing.
“My reading of (the statute) is what makes it criminal is the fact that it did cause harm,” Archuleta said. “When you start a fire, you assume all the risk.”
According to prosecutors, Kuykendall, Suggs and a woman named Elizabeth Burdeshaw were camping over the course of several nights near Nederland. One of their campfires is believed to be the starting point for the Cold Springs Fire, which burned more than 500 acres and destroyed eight homes.
Officials said Kuykendall and Suggs started and maintained the fire with lighters and then only used rocks to extinguish it despite having a brief discussion about doing more to put it out.
Platteville-Gilcrest Fire Department investigator Travis Homyak testified during the hearing that using only a rock to extinguish a fire can actually allow a fire to keep its heat longer.
“Putting rocks on it will further insulate it,” Homyak said. “If any wind comes it will carry ash, and it can carry it for miles.”
Mountain View Fire Protection District inspector John Bohn said fire investigators were able to use witness statements and burn patterns to identify what appeared to be a campsite as the source of the fire. He said both Suggs and Burdeshaw saw pictures of the area and said they had camped there. Bohn added that the three said they had been eating ramen while camping, and a ramen flavor packet was found at the scene.
Officials also testified about numerous residents in the area who barely escaped the fire.
Archuleta set the case for an arraignment hearing for both men on Nov. 4. Kuykendall remains in custody on $200,000 bond after Archuleta rejected a motion to reduce his bond, while Suggs also remains in custody on $20,000 bond.
Arson that threatens a person is a Class 4 felony that carries a presumptive sentence of two to six years in prison, but could carry as many as 12 years if a judge found aggravating circumstances.
Burdeshaw was charged with misdemeanor trespassing and is scheduled for a hearing on Oct. 21.
Copyright 2016 the Daily Camera