Feds: Forester 'Deliberately' Staged Fire Scene That Led to the Worst Wildfire in Colorado History
Affidavit: 'Barton set a fire,' disguised as a campfire

June 19, 2002

DENVER, Colorado (CNN) -- Federal authorities said Wednesday that a United States Forest Service worker "deliberately" staged a scene -- creating what appeared to be an abandoned campfire -- that led to the worst wildfire in Colorado history.

According to an affidavit supporting the criminal complaint against Terry Barton, 38, the U.S. attorney's office said, "Barton set a fire, disguised to appear to be an abandoned campfire, in the Pike National Forest."

Barton told investigators that while she was on patrol, she burned a letter in anger from her estranged husband in an abandoned campfire site. That act was in violation of a ban on fires. Barton said she thought the fire had been extinguished and left it, only to find later that it was spreading.

Federal charges against Barton
Colorado
* Setting on fire timber, underbrush, grass and other material on federal land
* Willfully injuring by fire property of the United States in excess of $1,000
* Knowingly and willfully making a false statement that she had discovered an abandoned campfire in the Pike National Forest


But now federal authorities say they doubt that story. They contend she "deliberately" staged the scene that led to the raging blaze. However, they say they don't know why.

"That's the million-dollar question," said Jeff Dorschner, a spokesman for the U.S. attorney's office in Colorado.

In the affidavit, a U.S. Forest Service investigator conducting crime scene analysis states that he believes the scene was staged to appear as though a campfire got out of control.

"She was patrolling the forest enforcing the no-fire ban. She got out of her government vehicle with the purpose or the intent of starting a fire," Dorschner said.

Dorschner said the investigation is "ongoing as officials consider a number of theories" about why the fire was started.

Warren Williamson, assistant federal public defender representing Barton, declined to respond to these comments.

Barton to face hearing Thursday

Barton has been charged with three criminal counts related to the ongoing wildfire and efforts to control it.

She faces a preliminary hearing and a detention hearing Thursday before a federal magistrate. Federal authorities do not want bond imposed because they say she's a flight risk.

Williamson said if indictments are issued before the hearing, there will only be a detention hearing.

Prosecutors say they believe Barton is a flight risk because of the severity of the charges she faces and because if she's released on bond and returns to her community -- Teller County -- she'd face hostility, which could prompt her to flee.

If convicted, Barton faces up to five years in federal prison and/or a $250,000 fine for setting a fire to timber in a national forest and for making a false statement to federal fire investigators.

She also faces up to 10 years in prison and/or a fine of not more than $250,000 for damaging federal property with a value of more than $1,000.

http://www.cnn.com/2002/LAW/06/19/colorado.fire.suspect/index.html