Gap Fire felony charges for 4 men dismissed |

Gap Fire felony charges for 4 men dismissed

John HartThe Gap Fire off Interstate 80 in August burned 2,500 acres of Tahoe National Forest. Felony charges were dropped Wednesday for four suspects.
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A Placer County judge dismissed felony charges against four Sacramento men accused of causing the 2,500-acre Gap Fire last August.

Judge John Cosgrove said Tuesday there was not enough evidence to try Dustin Epstein, Nick Parker and Nick Lotta, all 20, and Scott Michael Brown, 21.

Epstein, Parker, Lotta and Brown were stranded Aug. 11 when their Jeep became stuck near Emigrant Gap. They laid a rock base and lit a campfire after they were unable to hike out by nightfall.

Deputy District Attorney Joe McInerney said the men were aware of the fire danger and of a Tahoe National Forest ban on fires in all areas except designated campgrounds, but chose to have a fire ”for their own comfort” after getting stuck in the forest overnight.

In fact, Epstein had already been ticketed earlier that day by a TNF ranger for another campfire, McInerney said.

That’s one reason his office sought felony charges, he said.

“They got put on notice about the high wildfire dangers. My question was, ‘What more can anyone do?'” McInerney said.

The men said they covered the burn pit with dirt the next morning. They were unable to find water in the area. The men also said they assumed the fire was out when they left.

Early in the afternoon, embers started a fire that was fueled by hot winds. The fire eventually spread across Interstate 80.

Defense attorney David Cohen said the incident revolved around an unfortunate set of circumstances that led to the fire.

”None of them were happy it happened, but they’re certainly happy with the result of today’s hearing,” said Cohen, the court-appointed attorney for Lotta.

Cohen said the four men and a woman had been among a group of about 10 campers at TNF’s North Fork campground near the north fork of the American River. The group went four-wheeling and became stuck at 7:30 p.m. about 21/2 miles from camp, he said. They spent three hours trying to dig out their Jeep.

Parker and Lotta tried to find their way back to camp but gave up. Epstein and Brown built the campfire, McInerney said.

Cohen said a number of factors prompted them to build the fire: “You’re in T-shirts and shorts, and there’s no light, and there’s been bear sightings … no food, no water.”

But McInerney said that about six miles away, a weather station at White Cloud Campground showed the temperature didn’t drop below 68 degrees that night.

“So that wasn’t an issue in my opinion. I’ve done enough camping where you don’t have a fire,” he said.

“They chose to go up there … they chose to go four-wheeling late in the evening,” he added. “All these things were choices, and they had responsibilities.”

Cohen said the defendants were offered plea bargains for misdemeanor charges.

But guilty pleas could have left them vulnerable to paying restitution, including an estimated $4.7 million in firefighting costs, he said.

“There was an issue as to whether it would follow them around for the rest of their lives,” he said. “It essentially would ruin these kids.”

McInerney said, “We have the option of filing other charges, misdemeanor charges, and we’re reviewing that and we’ll make a decision shortly.”

Cohen didn’t think new charges would be filed.

He added, “Every one of these people … felt pretty horrible about it. … These people love the outdoors.”

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