Hayman Fire - Criminal Prosecutions

Criminal Prosecutions

A forestry technician with the U.S. Forest Service, Terry Barton, set the fire in a campfire ring during a total burn ban triggered by a National Weather Service red flag warning. Barton's claim that she was attempting to burn a letter from her estranged husband was disputed by one of her teenage daughters who testified that a psychology teacher had told Ms. Barton to write her feelings in a letter and burn it. Many locals believe she set the fire on purpose so she could stay home and fight a local Colorado fire instead of being called to fight fires in other states, such as Arizona or California. This would enable her to be with her kids that summer. According to radio talk show host Glenn Sacks, investigators also speculated that Barton started the fire so she could be a hero for putting it out and saving the forest. The fire quickly spread out of the campfire ring and eventually torched over 138,000 acres (560 km2) and burned across four different counties. A federal grand jury indicted Barton on four felony counts of arson.

Barton pleaded guilty to two charges: setting fire to federal forest land and lying to investigators and was given a six year sentence in federal prison. U.S. District Judge Richard Matsch refused, however, to impose the $14 million restitution asked for by prosecutors, saying he would not sentence her to a "life of poverty." Additionally, the State of Colorado sentenced Barton to 12 years in prison to run concurrently with the 6-year federal sentence. The state sentence was overturned on appeal, however, on grounds that the presiding judge had "the appearance of prejudice" because smoke from the fire had motivated him to voluntarily leave his home for one night. In March 2008, Barton was re-sentenced by a different judge to 15 years of probation and 1,000 hours community service.

The fire she ignited resulted directly in the death of one civilian, $39.1 million in suppression costs, the destruction of 133 homes with total private property losses valued at $40.4 million, and indirectly led to the death of five firefighters. Several insurance companies filed a $7 million suit against the government in the fall of 2008, claiming that Barton was negligent in her duties. In November, Judge Wiley Daniel ruled that the government was not responsible for Barton's actions because she was acting as an angry spouse and not as a government worker.