Sentence of arsonist taken from audience suggestion
By Neal Putnam
The Alpine Sun
SAN DIEGO — A judge, on Nov. 17, said he wanted to send the message that "the law doesn't lack compassion" and sentenced the 2003 Cedar Fire arsonist to six months in a halfway house and five years probation, despite the prosecutor's plea for a five year federal prison term.
U.S. District Court Judge Roger Benitez ordered Sergio Martinez, 35, to perform 960 hours of community service over the next five years. He suggested the work be done with a fire department, Habitat for Humanity, the California Department of Forestry and Fire Protection, or some group involved in rebuilding homes that have been harmed by fire.
He initially ordered Martinez to pay $150 a month in restitution to fire victims, but a federal probation official said that would be too difficult and too small to disburse to potentially thousands of victims of the 2003 Cedar fire in the Cleveland National Forest. One woman in the audience suggested it go to "those who are still alive and marred."
Benitez said he didn't think he had the authority to determine who would qualify.
So Ed Spaeth raised his hand and suggested the payments go to a program of training hunters and hikers about safety in the woods. Spaeth, of Ramona, said perhaps the CDF could oversee such a program.
"That's a great idea," said Benitez, and ordered it be done.
Martinez, of West Covina, was allowed to remain free on a $100,000 property bond posted by his parents until he gets a date to surrender, which may be in several weeks. Although he faced a maximum five year term in federal prison, Benitez rejected prison because Martinez had no criminal record and said the signal fire Martinez set was just that, a signal fire and not because it turned into the worst wildfire in California history.
"I'm going to impose the sentence that fits the crime," said Benitez just before he spelled out its terms. "I'd like to send a message to people — the law doesn't lack compassion."
Surprisingly, most of the 16 fire victims who testified also suggested the judge be merciful to Martinez. Their focus was not punishment, but accountability to the various agencies who were unable to control the fire, which devastated Alpine, Lakeside, Cuyamaca, Ramona, Harbison Canyon, El Cajon, Julian, and Pine Hills. Most of the local firefighters and equipment were battling blazes in other areas of Southern California initially.
Approximately 2,400 homes, apartments, garages, and sheds were destroyed during the massive fire in Oct., 2003. Fifteen people were killed along with numerous animals and hundreds of vehicles were lost. The amount of damages has been estimated at $800 million.
Benitez also said the sentence would have been very different if the wildfire was deliberately set to cause damages. "Five years wouldn't be enough" if it had been deliberate, he said. He said there was no evidence that drugs or alcohol affected Martinez. He contrasted how the fire Martinez set differed from someone throwing a lit cigarette out a window, or using fireworks, or someone not putting out a fire in a fire ring.
The judge said Martinez would be able to go to work in the daytime at his construction job and be locked up at nights and weekends for six months at either a halfway house or a community confinement center.
Martinez testified he took a 2002 hunter safety course and it said lost hunters could start a signal fire if that was the only way to get help.
He said he was lost for 11 hours and the evening was approaching. He ran out of water, had no food, and he said he kept falling down. Martinez said he weighs 250 pounds.
"Mr. Martinez did exactly what he is is supposed to do," said the judge, referring to the hunter safety course he took.
Assistant U.S. Attorney Michael Lasater told the judge "five years is appropriate." When asked for reaction afterwards, Lasater said, "we made our pitch, the judge made his ruling." Martinez pleaded guilty in March to setting timber afire, and a charge of lying about the fire to a federal official was dismissed.
Martinez's lawyer, Ralph Rios, urged probation, and asked that "he be held accountable for one acre, at the most."
The prosecution presented testimony from 16 selected fire victims who had requested to speak. Only a few specifically asked for the maximum sentence, while the rest faulted the inadequate response to the fire which many said could have been extinguished much earlier.
"The sentence is fair," said Diane Conklin, of Ramona, afterwards. "It recognizes the Cedar Fire is not the sole responsibility of Sergio Martinez, and we hope the U.S. Attorney will do a complete investigation."
"I'm pleased he didn't get prison time," said Patricia Martin, of Cuyamaca, afterwards. She told the judge "he cannot be held accountable (for the fire's spread). I believe...agencies must be held accountable."
"I lost everything, all but one pet," said Diane Knuepfer, who urged community service. "A jail term would be ineffective. Who is accountable for the deaths and destruction? Why didn't the air tankers fly? We can't blame one person for all that happened."
Ed Spaeth told the judge he called 911 at 4:37 p.m. on Oct. 25 after noticing the small fire got bigger. "No one in our neighborhood could get any information. There were no fire crews or equipment present...I could hardly believe it. It's not right for him to be singled out. I feel Mr.
Martinez should be punished up to a point where the fire should have been put out," he added.
Mark Jackson, who lost two homes and two trucks, said, "I feel prison time is not the answer." Jackson suggested Martinez be ordered to help fire victims. He said he wouldn't mind if Martinez helped him out on his property where dead oaks over 100 years of age must be felled.
"The real criminal is the system that let us down. This man is a scapegoat. The true crime is leaving it to burn," said Kimberly Hanley, of Julian.
Kelly Williams, who lost her Lakeside home and escaped only in her pajamas, told Martinez "I forgive you. I know you didn't plan to get lost. You went hunting unprepared."
Marabeth Lis used a walker as she explained how firefighter Steve
Rucker lost his life while trying to save her home in Julian. She said the fire was "the act of a man (who) started the fire. He's responsible."
She also said an elderly neighbor committed suicide in despair after surviving the fire.
Donna Mulholland, whose Harbison Canyon home burned, offered a "hunter's whistle" to Martinez's lawyer, saying she bought it at Wal-Mart for $2.98. Ana Bauming told the judge she and her family "barely escaped with our lives" at 3 a.m. "The blame has to start with Mr. Martinez. I want to go one day without getting angry," said Bauming.
Martinez apologized and explained how he came to set the fire during the lengthy hearing, which didn't end until 6:35 p.m. Every seat was filled, and the judge allowed the media to sit in the empty jury box to allow for more seats for the public.
Martinez said this was the first time he went deer hunting and he arrived at 5 a.m. with a friend who was rushing him. "Somehow we became separated. I didn't call out because he...said I made too much noise. I hadn't had anything to eat since the day before."
The defendant said he fired five shots, hoping his friend or someone would respond. "It was getting really hot. I was getting dehydrated. I was going in circles. The heat was killing me. I was delirious. I had fallen on cactus all day. I had a sprained ankle real bad."
"I would like to apologize to all the people who lost their loved ones, their property, animals. I pray for them everyday. I wish I was dead instead," said Martinez.
Benitez thanked all the people who wrote him, saying "I've struggled with this case for many months
now. "I wish I could say I could bring back your loved ones, your property."
The judge also said his role was not to determine which agency failed to put the fire out.
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