Fire crew leader appears in court
A crew boss charged with involuntary manslaughter in the deaths of four firefighters in a 2001 wildfire appeared in federal court on Thursday to hear the charges against him.
Ellreese N. Daniels was released on his own recognizance by U.S. Magistrate Cynthia Imbrogno, who set a Jan. 30 date for his next court appearance.
“We’re horrified the government has elected to file charges,” federal public defender Tina Hunt said outside the courtroom. “This is a travesty of justice.”
She said Daniels is being singled out for criminal prosecution even though the decisions on fighting the Thirtymile Fire near Winthrop were made by numerous people. She predicted jurors would exonerate Daniels, a seasonal U.S. Forest Service employee who lives in the Wenatchee area.
As the statute of limitations was about to expire, federal prosecutors in late December charged Daniels with four counts of involuntary manslaughter and seven counts of making false statements to investigators. The charges carry penalties of up to six years in prison.
Daniels was not arrested and appeared voluntarily in court Thursday. He remains free to travel in the United States, Imbrogno ruled. He is working at the Stevens Pass ski area, his lawyer said.
On July 10, 2001, firefighters Tom Craven, 30, Devin Weaver, 21, Jessica Johnson, 19, and Karen FitzPatrick, 18, perished in the extreme heat of the fire while they huddled inside aluminum fire shelters intended to save their lives. All were from central Washington.
Assistant U.S. Attorney Tom Hopkins has said Daniels is accused of gross negligence for failing to order the firefighters out of harm’s way as the flames advanced and then making false statements to Forest Service and Occupational Safety and Health Administration investigators.
Hunt said any claims against her client belong in civil court, not criminal court. “This case has far-reaching consequences for all people who fight fires and put themselves in danger every day,” she said.
Hopkins said the alleged false statements involved whether Daniels contacted fire engine crews when they arrived at the scene, whether he ordered the firefighters to come down from the rocky slope and whether he told a Forest Service employee to take two civilians into her emergency shelter.
The four died when they were trapped by the wildfire with 10 other firefighters and two campers. The other firefighters and the civilian campers escaped serious injuries.
A subsequent Forest Service investigation concluded 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 eventually reassigned from active duty, while others quit or retired. The Forest Service has never released specifics of the sanctions.
The deadly blaze is believed to have been caused by an unattended campfire. No one has been charged with starting the fire.