Father and son accused of starting Caldor Fire won't stand trial due to lack of evidence
Submitted by Jeff Munson on Mon, 01/15/2024 - 1:34pm
The father and son who had been accused of starting the Caldor Fire after target shooting in the area will no longer be facing reckless arson charges after a judge ruled there was a lack of evidence to move to a trial.
The Caldor Fire burned for 67 days over 220,000 acres between Grizzly Flats and South Lake Tahoe and destroyed more than 1,000 buildings in 2021. Thousands of residents had to evacuate due to the massive blaze.
A father and son, David Scott Smith and Travis Shane Smith were arrested in December of that year on four felony counts including recklessly causing a fire with great bodily injury, causing fire to inhabited structures, and forest land.
Prosecutors from the El Dorado County District Attorney's Office alleged the father and son had started the fire “when a projectile discharged from a firearm and struck an object.”
During a four-day preliminary hearing, El Dorado County Superior Court Judge Vicki Ashworth ruled there was not enough evidence to move to a trial, but the pair still faces gun-related charges. Shane Smith is accused of possession of a machine gun, and David Smith of possession of a silencer. They will both be arraigned in El Dorado County on Feb. 2 on those charges.
The judge found there was insufficient evidence to meet the legal requirements that the Smith's behavior was reckless as defined in Penal Code section 450, requiring that an individual knows their actions present a substantial and unjustifiable risk but consciously disregards that risk.
According to District Attorney Vern Pierson's office, they said they provided evidence that showed the Smiths drove out to the location where the Caldor fire began and were shooting a firearm in the historically dry conditions that prevailed in the area at the time.
It had been determined by the U.S. Forest Service that a bullet strike was the probable cause of the fire, Pierson's office said.
"Given that charges are still pending the District Attorney's Office has no further comment at this time," said the DA's office in a press release.
