#abc10

2024-06-19

Umm. Hi.

Been away a minute.

Is #cawildfire / #wildfire / #cawx stuff happening here anymore?

Was out at the #SitesFire today for #abc10.

The people in Leesville, #California - a rural community of ranchers- were spared the loss of their homes.

Our story from #ColusaCounty today: youtu.be/Fnkl6hudkc4?si=Euo8as

2023-11-30

USFS Ofc. Matthew Swanson described finding 9mm and .22 caliber casings, both calibers being among the weapons confiscated from the Smiths.

BTW, he started way back in the forest service as a “recreation technician.” Worked his way up to law enforcement / fire investigator.

And that’s a wrap. We’ll pick back up with Swanson on Dec 20, when we do day 3.

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-30

In addition to the shell casings, Swanson says he located several copper bullet fragments.

Some were found "in the black"-- the forest floor burned in the fire. Swanson says this can be an indicator the fragments are involved in the cause.

He also found earplugs nearby. They were submitted for DNA testing...

This is the prosecutors seeking to build hard evidence that the Shane and David Smith were in the area and that they were shooting guns in dangerous fire weather conditions.

These details are coming out in crumbs, along with the boilerplate this-is-how-we-find-the-location-where-the-fire-came-from-and-went testimony to explain how arson investigators do their basic job.

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-30

We're *finally* getting into the origin and cause investigation of the Caldor Fire.

US Forest Service officer Matthew Swanson says the earliest images of the fire were taken by the first helicopter on the scene.

These photos helped him locate the origin area of the fire, which was near dispersed (undeveloped) campsites in the forest.

He says he located shell casings in the area. Some of the brass appeared to be fresh. "Some even smelled of gunpowder."

There's not enough time left in the court day to get to a lot of detail on this stuff... court wraps in 25 minutes or so.

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-29

So far this afternoon we've heard testimony about the device Shane Smith allegedly used to convert his semiautomatic into a machine gun-- and about the phone/GPS location tracking work investigators used to put the Smiths in the location where the fire started.

In other news, this reporter just made the typo "beyond a reasonable donut" in a draft version of the story for #ABC10 tonight. Please send coffee. It's been a couple of long days here.

(And a donut, too. That goes good with coffee!)

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-29

Judge Vicki Ashworth says the parties have agreed to hold day 3 of the mini-trial of David and Shane Smith on Wednesday, December 20.

After the hearing, the judge will decide if the evidence is sufficient to make the Smiths stand trial before a jury.

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-29

Coming back from lunch break, Judge Vicki Ashworth just called all the lawyers into her chambers to talk scheduling.

It's clear that this prelim is going to take longer than 2 days. Judge said she intends to run "continuously" until this hearing is done.

We left off before lunch with testimony about the weapons charges against the Smiths.

One investigator said 2 metal tubes were found in a burn pile while serving a warrant-- these are the silencers that the Smiths are accused of possessing. (a felony in CA)

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-29

DA investigator Gary Malmquist reviews photographs of burn wounds from survivors of the #CaldorFire.

He described life-altering trauma, both physical and emotional, suffered by the victims.

One survivor from Grizzly Flats told him it was “the worst pain of his life” escaping through the flames. The man “thought he was going to die.”

Three victims had to go to UC Davis burn center.

Two of them required skin grafts.

One spent more than a month in the ICU in hopes of regaining the use of his hands.

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-29

The hearing opens with testimony about the searches of Travis Shane Smith’s home, from an El Dorado County DA office investigator who was part the team serving the search warrants.

He says:

Shane Smith resisted when the investigators tried to look in his safe, but complied after the team explained it was part of the search warrant— and that they would call a locksmith if he refused.

Incendiary rounds (ammunition designed to shoot sparks and start fires) were recovered when serving a second search warrant in September.

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-29

Judge Ashworth is on the bench. She’s clearing up a ruling about an objection yesterday over a recorded interview in evidence.

Shane Smith’s attorney Mark Reichel asks the judge to toss out count 4, the machine gun felony. It’s the only charge he faces that his dad doesn’t.

Reichel is pointing to federal case law out of Texas, which he says precludes states from prosecuting federal machine gun laws. The prosecution is arguing h that the decision is not binding in California, which is in a different federal court circuit.

Ashworth says she won’t rule on this motion now, but will allow both sides to submit written arguments in briefs.

Here are some highlights from yesterday:
sfba.social/@brandonrittiman/1

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-29

Good morning again from Placerville. I’m in court for day 2 of the mini-trial of David and Shane Smith.

The father-son duo is accused of starting the 2021 #CaldorFire.

The flames burned #GrizzlyFlats and forced all of South Lake Tahoe to evacuate.

The Smiths each face 3 counts of felony reckless arson and weapons felonies.

Judge Vicki Ashworth, who’ll decide whether the Smiths must face a jury trial after this hearing, is starting a half hour late. She called all the lawyers into her chambers for a pre-flight chat today…

We expect to see more detailed evidence from the arson investigation today. Look for our full story on #ABC10 at 5/6/630pm.

I’ll post updates in this thread… 🧵👇🏼

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-28

Whoa.

Judge Vicki Ashworth just shut down a prolonged and testy exchange with defense attorney Linda Parisi, who represents David Smith:

"Take five minutes. Get yourself together. Remember your professionalism."

Then she walked out of the courtroom and to her chambers.

Just before that, Parisi was arguing with the judge about the meaning of the word "argumentative" which is kind of meta when you think about it.

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-28

The Caldor Fire preliminary hearing continues at a sluggish pace.

The Smiths' legal team went on record with reporters in the break to say that the father & son did not start the fire-- but they wouldn't comment when asked if the Smiths had weapons that day.

We've heard from a USFS officer about Travis Shane Smith's call to 911 to report the fire. She says he claimed to be in the area "to check out some campsites," and he made no mention of shooting weapons.

Now up is #CalFire fire investigator Erik Fiedler. He interviewed a witness who picked David Smith out of a photo lineup, potentially putting him at the scene.

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-28

The defense lawyers for David and his son Travis Shane Smith have spent *a lot* of time cross-examining both witnesses so far.

And we’re not even to the arson investigators yet, who will talk about how they determined the origin and cause of the Caldor Fire.

The cross of Vickers is going longer than the prosecution’s direct— questions about the dispatch logs, USFS maintenance of roads, etc…

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-28

After a drawn-out cross exam of Bassard (and a very long AM break due to technical difficulties with digital evidence) the #CaldorFire prosecution has called its second witness:

#CalFire Battalion Chief Josh Vickers says access to the Caldor Fire was very limited down unmaintained forest service roads.

Some of this hearing will be very fundamental because the prosecution needs to prove up basic facts about the fire the judge.

Judge Ashworth has already shown she’s growing impatient with the slow pace this morning…

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-28

Judge Vicki Ashworth granted #ABC10 permission to take still photos in her courtroom, but not video or audio.

Unfortunately that means I can’t let you *hear* the actual testimony- but I’m in the courtroom listening and will share highlights of what’s said.

We are not allowed to photograph the judge or court staff, per judge’s order.

Unless otherwise stated, all photos in this thread are mine.

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

2023-11-28

The first prosecution witness in People vs. Smith is Robert Bassard, who was camping in the area where the #CaldorFire started.

He testified two men went by his camp in a RAZR-style ATV, stopped over the nearby ridge and turned the motor off. 5-10 minutes later he says, the gunshots started.

The fire started with about 1/2 hour, he testified.

The men came back and shouted from their ATV that there was a fire.

“They said they tried to stomp it out, but it got too big,” Bassard said. “The passenger mumbled ‘Shh, don’t say that.’”

#ABC10 #CaldorFire #california #wildfire #wildfires #eldoradocounty #grizzlyflats #laketahoe #tahoe #nevada #crime #courts

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