By Nicholas K. Geranios
The Associated Press
 AP Photo/Ted S. Warren A memorial marking the site where four firefighters died while fighting the Thirtymile Fire on July 10, 2001, is seen in 2003. Thirtymile crew boss Ellreese N. Daniels was charged with involuntary manslaughter and lying to investigators in Dec. 2006. |
SPOKANE, Wash. — The supervisor of a firefighting crew that lost four members in a 2001 wildfire pleaded guilty to misdemeanors Tuesday under an agreement that dropped manslaughter and other felony charges against him.
The criminal case against Ellreese Daniels, then a crew boss for the U.S. Forest Service, is believed to be the first against a wildland firefighter for deaths of comrades on the line.
“Like all plea agreements, there was a recognition of the evidence and the law as it exists,” Assistant U.S. Attorney Tom Rice said. “We feel this is an appropriate disposition of the case.”
Daniels’ attorney, Tina Hunt, said the agreement was fair because Daniels had not committed any crimes and should not face felony charges.
“I don’t think the actions Mr. Daniels took on that day were in any way criminal or wrong,” Hunt told reporters outside the federal courthouse.
According to a Forest Service investigation of the so-called Thirtymile Fire, fire bosses ignored numerous signs of danger, repeatedly underestimated the fire and allowed their only escape route from the dead-end canyon to be cut off.
Nine employees and fire commanders were reassigned, and others quit or retired, but the specifics of the disciplinary action were not disclosed.
An unattended campfire had sparked the fire near Winthrop in the Okanogan National Forest, and it was believed at first to be a simple mop-up job. But the fire exploded, trapping 14 firefighters and two hikers on July 10, 2001.
The hikers and 10 of the firefighters survived, but Tom Craven, 30; Devin Weaver, 21; Jessica Johnson, 19, and Karen FitzPatrick, 18, all died inside the emergency fire shelters they deployed when they became trapped by the inferno.
Daniels, in charge at the scene, was the only person to face criminal charges. In the initial case, he was accused of making decisions “in wanton and reckless disregard for human life,” and prosecutors contended he failed to order his crew to a safe area as flames advanced.
Weaver’s mother, Barb Weaver, called the settlement acceptable.
“I wish things would have been a little different, but it’s better than walking away with no conviction and no time,” she said. “I guess we’ll have to take what we can get and hope something good comes out of it.
“To me, this is not about revenge, it’s about a deterrent from this happening again,” she said.
Daniels, 47, pleaded guilty before U.S. District Judge Fred Van Sickle to two misdemeanor counts of making false statements to investigators. The dropped charges were all felonies: four counts of involuntary manslaughter and seven of making false statements.
Daniels, who continues to work for the Forest Service in a supply capacity, will be sentenced later this year. He had faced as much as six years in prison for each manslaughter count alone. Instead, he faces up to a year in prison for each misdemeanor, although the standard range is much less. Hunt plans to ask for no prison time.
Concerning the false statement accusations, prosecutors say Daniels denied talking to two fire engines crews when they arrived at the scene, even though he did. He also falsely claimed he told the firefighters to descend from their position.
“This claim led to a conclusion that those who perished in the fire had disregarded a directive by Daniels,” although they had not, prosecutors said.