Boulder Fourmile Canyon fire update: DA Stan Garnett decides against criminal charges

The Fourmile Canyon fire near Boulder was extraordinarily destructive -- yet the volunteer firefighter whose fire pit likely launched the initial spark will not be charged with a crime. That's the decision of Boulder DA Stan Garnett, who feels he couldn't prove guilt beyond a reasonable doubt. Get details in...

By Michael Roberts

September 22, 2010

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The Fourmile Canyon fire near Boulder was extraordinarily destructive -- yet the volunteer firefighter whose fire pit likely launched the initial spark will not be charged with a crime. That's the decision of Boulder DA Stan Garnett, who feels he couldn't prove guilt beyond a reasonable doubt. Get details in the DA's office release below:

NO CRIMINAL CHARGES FILED IN FOUR MILE CANYON FIRE

The District Attorney for the 20th Judicial District, Stan Garnett, has declined at this time to file criminal charges in the Four Mile Canyon fire. After careful review of extensive reports from the Boulder County Sherriff's office, consultation with Sherriff's investigators, and a thorough tour of the fire scene, the District Attorney has decided that no criminal charges will be filed against any person based on the information now available about the cause and origin of the Labor Day Four Mile Canyon fire.

The standard of review for filing criminal charges is whether the District Attorney reasonably believes that each element of a crime can be proven beyond a reasonable doubt to a jury of twelve. In this case, the applicable charge would be 4th degree arson. The considered opinion of this Office is that this charge could not be proven beyond a reasonable doubt, based on the available evidence.

Further fire reports are expected at some point from the United States Forest Service, which also participated in the fire suppression effort and conducted its own investigation. It is not expected that these reports will provide significantly different evidence than that which has already been presented, but they will be carefully analyzed by the District Attorney's Office, along with any other new information that may become available, to determine if a different conclusion regarding charges is warranted.

The Boulder County Sheriff's Office will be releasing the preliminary report.

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Michael Roberts began his career with Westword in 1990 as music editor. In 1999, he took on a new role, full-time media reporter, as author of a column called The Message. In 2008, he became the lead writer for Westword's news blog, The Latest Word, a position he held until January 2023. Michael continues to freelance for Westword, covering everything from business to sports and the media; he also contributes to Jazziz, a national music magazine. He holds a bachelor's degree from what is now Colorado Mesa University and master's degrees from the University of California, Los Angeles, and Northwestern University.

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