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Firefighter gets 10 years for igniting wildfire.

 
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GTG
Was lost but now am found




Joined: 30 Dec 2002
Posts: 2387
Location: Peoria, Arizona, originally from Rocket City, USA

PostPosted: 3/8/2004, 6:16 pm    Post subject: Firefighter gets 10 years for igniting wildfire. Reply to topic Reply with quote

From today's Arizona Republic
http://www.azcentral.com/news/articles/0308wildfireplea-ON.html

Quote:

Firefighter gets 10 years for igniting wildfire
Associated Press
Mar. 8, 2004 05:48 PM

A firefighter who admitted setting a blaze that grew to become the biggest wildfire in Arizona history was sentenced to 10 years in prison Monday.

Leonard Gregg, a part-time firefighter who told authorities he was trying to make work for himself, pleaded guilty Oct. 20 in federal court to two counts of intentionally setting timber afire.

Gregg, 31, made no plea agreement and was given the maximum prison sentence.

He was also ordered to pay nearly $28 million in restitution for damage caused by the fire.

An interpreter translated the hearing into Apache for Gregg, who wore a black and white stripped jail uniform and showed no emotion in the courtroom.

Defense attorney Deborah Euler-Ajayi cited Gregg's remorse and asked U.S. District Judge James Teilborg for leniency.

"He has cried through many of our meetings ... as well as a meeting we had with the tribal members," Euler-Ajayi said. "His remorse is tremendous and is very, very deep."

She also argued that Gregg suffers from fetal alcohol syndrome and functions at a low level emotionally and intellectually.

But Assistant U.S. Attorney Vincent Kirby contended that as a part-time Bureau of Indian Affairs firefighter and resident of the reservation, Gregg understood his actions. Gregg, a member of the White Mountain Apache Tribe, was earning $8 an hour.

Before starting the Rodeo fire, Gregg sparked a blaze near Cibecue, in hopes of being called to work. When he was not called to fight that fire, which was quickly contained, Gregg started the second fire, prosecutors said.

"When the first one failed, he set a second fire, realizing it needed to be of greater magnitude to require more firefighters," he said.

The flaw in Gregg's plan was that he overestimated his fire crew's ability to quell the blaze, Kirby said.

When he was arrested about 10 days after the Rodeo fire began, Gregg admitted he started the blaze on June 18, 2002.

That fire merged with another started by Valinda Jo Elliot, a woman who was lost and trying to get the attention of a helicopter.

The combined Rodeo-Chediski fire charred 469,000 acres in eastern Arizona, destroying hundreds of homes and forcing 30,000 people to evacuate.

The blaze also burned sacred Apache sites and accelerated the expected demise of the White Mountain Apache Tribe's timber business.

Federal prosecutors found there wasn't enough evidence of criminal intent on Elliot's part and declined to prosecute her. She does, however, face a civil complaint in tribal court.

"It's really hard because one told the truth and got 10 years and the other told stories and is free," said Margaret Baha-Walker, a member of the tribal council. "There was two people and two fires and just one is getting punished."

Baha-Walker was the only tribal member who attended the sentencing and spoke on Gregg's behalf. She said she understood the harm alcohol caused Gregg and believed it was important to forgive him.

"It is through healing that we will prosper again as White Mountain Apaches," she said. "It will never be restored but the people still walk and still have a future."


Anyone feel the punishment fit the crime?
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Suzaz
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PostPosted: 3/8/2004, 6:35 pm    Post subject: Reply to topic Reply with quote

Todd----now I know why you are growing all of those plants!!!

Does the punishment fit the crime?????????

Let's see............here are a few questions to ponder before responding.
1. How long will it take the forest to return the original state it was in prior to the fire?

2. How did a young man with FAS (Fetal Alcohol Syndrome) plus a low emotional and mental IQ get this job in the first place? Any insight on the Apache's screening process?

**In some specialized course work I have learned that individuals with FAS are missing an important link in their brains....the cause and effect link....is not there. We know this for a fact. It makes teaching these children a little more complicated.

3. Was there an implication in the article that along the path of life you will be exempt from consequences for your actions if you simply tell the truth?

4. How did he keep his job after the first fire?

5. Exactly how long do you suppose it will take him to earn the 28 million?

6. What will he do at 41 when he is released? Do we believe that the prison system can rehab everyone...and in this case an individual with FAS?
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GTG
Was lost but now am found




Joined: 30 Dec 2002
Posts: 2387
Location: Peoria, Arizona, originally from Rocket City, USA

PostPosted: 3/8/2004, 7:24 pm    Post subject: one answer Reply to topic Reply with quote

Quote:
4. How did he keep his job after the first fire?


There was a matter of an hour or more between his starting the fires.

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azhiker96





Joined: 05 Jan 2003
Posts: 1419

PostPosted: 3/10/2004, 10:22 am    Post subject: Reply to topic Reply with quote

Suzaz brings up some interesting points.

The 10 year sentence seems a little harsh to me. (Could he get out early with good behavoir?) Nope, there's never a promise of getting a lighter sentence for telling the truth. However, if we did give lighter sentences it would help to encourage cooperation which would save prosecuters time and money. Since 10 years is the maximum for this crime, I think it would have been reasonable to sentence him to half, 5 years.

The fine seems ridiculous and pointless. It amounts to a life sentence for the guy. I doubt that he can earn a tenth of the fine amount in his lifetime. So what's the point of it? Is it to try to put him into a depression so that he'll commit suicide?

I don't think the fetal alcohol syndrome is a valid defense. I don't recall it being asked on any job applications I've seen over the years. If the empolyer is not allowed to ask it, how can we hold them responsible for hiring someone with it? Also, what jobs are (or should be) off limits for someone with this syndrome; fireman, taxi driver, cashier, doctor, lawyer, indian chief? I think a better option is to expect people to be responsible for their actions.

That brings us to Valinda Jo Elliot. Why wasn't she at least charged with negligent destruction of property? I don't think it takes criminal intent for that crime. So far she has gotten off scott free. True, the tribe is pursuing a civil case against her. Hopefully they will show more intellegence in assessing a fine than our government.


"What will he do at 41 when he is released? Do we believe that the prison system can rehab everyone...and in this case an individual with FAS?"

The only thing our prisons do effectively is to protect society from folks for a specified period of time. Hopefully when he gets out of prison, he'll be allowed to get a job to earn a living instead of being forced into crime to survive.
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ck1





Joined: 04 Jan 2003
Posts: 1331
Location: Mesa

PostPosted: 3/10/2004, 10:44 am    Post subject: Reply to topic Reply with quote

I agree COMPLETELY with AZHIKER! (how often does that happen).

I think it's total crap that Valinda Jo gets off the hook totally.

The symptoms of FAS are similar to those of other disabilities that the tribe could not discriminate against in hiring, even if they were to understand the symptoms.

The fine is pointless. What the hell is the point in such a fine being imposed upon someone who makes $8 before a conviction, what's he gonna pull in after doing his time? Its a fine that's totally for show.
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Daryl





Joined: 07 Feb 2003
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Location: Everett, Washington

PostPosted: 3/10/2004, 10:54 am    Post subject: Reply to topic Reply with quote

I think 10 years is about right. Being stupid isn't a crime, but when your stupidity results in the damage that this caused, you need to be punished. Mrs Elliot should be in the same jail cell as him. She was equally as stupid.

As for the fine, I like that too. The amount is just a statement to put in the newspapers. He is only required to pay $100/month. Not a big deal. If he wins the lottery some day they will probably come collect more, but $100/month restitution is not too much to ask for what he did.
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